ILLINOIS POLLUTION CONTROL BOARD
    April 6, 1995
    IN THE MATTER OF:
    )
    )
    PETITION OF COMMONWEALTH EDISON
    )
    R94-30
    COMPANY FOR SITE-SPECIFIC
    )
    (Site-Specific
    REGULATION FOR EXISTING
    )
    Rulemaking
    -
    Land)
    LANDFILLS
    AND
    UNITS: 35 ILL.
    )
    ADM.
    CODE 811.814
    )
    ORDER
    OF THE BOARD (by M. McFawn):
    This matter is before the Board on a “Motion to Bifurcate
    Issues” and a “Petition to Designate the Joliet/Lincoin Quarry as
    a Surface Impoundment,” filed by petitioner Commonwealth Edison
    Company (CornEd) on March 22, 1995. CornEd filed its original
    rulemaking petition on October 17, 1994. In that petition CornEd
    requested that its Lincoln Quarry site (site) be designated as a
    surface impoundment, or alternatively, that it be granted a site—
    specific regulation.
    In its March 22, 1995, motion, CornEd seeks to bifurcate
    these issues, and requests that the Board rule on the issue of
    whether the site is properly designated a surface impoundment
    before proceeding with the site-specific rulemaking. In support
    of its motion, CornEd states that it questions whether landfill
    permitting requirements properly applies to its site. ComEd
    states that if the site qualifies as a surface impoundment rather
    than a landfill, any resources expended to address the petition
    for site-specific relief or its permit application will have been
    wasted, since the site would no longer be subject to permitting
    requirements. The Illinois Environmental Protection Agency
    (Agency) has not filed any response to petitioner’s motion.
    The Board hereby grants the motion and bifurcates these
    issues for purposes of hearing, and directs the hearing officer
    to schedule hearings in this matter. The first hearing shall be
    for the limited purpose of developing a factual and legal record
    on the issue of whether the site is properly designated a surface
    impoundment or landfill. If necessary, a second hearing shall be
    held for the purpose of determining the merits of petitioner’s
    site-specific rulemaking petition and all remaining issues. The
    Board makes no determination today as to whether it shall decide
    whether the site is properly designated a surface impoundment or
    landfill prior to closing the record in this site-specific
    rulemaking.
    IT IS SO ORDERED.
    2
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certif that the above order was adopted on the
    ~
    day of
    ______________,
    1995, by a vote of
    ___________
    Dorothy M./junn, Clerk
    Illinois ~llution Control Board

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