ILLINOIS POLLUTION CONTROL BOARD

December 16, 1993

IN THE MATTER OF:

)

PETITION OF THE U.S. ARMY ENGINEER

)

R92-17

DISTRICT, ROCK ISLAND, FOR A DREDGED

)

(Rulemaking)

MATERIAL PLACEMENT REGULATION

)

APPLICABLE

TO THE ILLINOIS RIVER!

)

WATERWAY BETWEEN LA GRANGE LOCK AND

)

DAM

(MILE 80.2)

AND

LOCKPORT LOCK

)

(MILE 291): 35 ILL. ADM. CODE 303.400

)

SUPPLEMENTAL OPINION OF THE BOARD (by R.C. Flemal):

On December 2, 1993 the Board issued a second notice opinion

and order in this matter. That opinion addressed all public

comments filed through November 22, 1993, the last day of the

public comment period. However, the opinion did not address an

eighth public comment received on November 30, 1993, but mailed

on November 22, 1993, from the City of Chicago Department of

Water. Today’s supplemental opinion is intended to address that

omission.

The City of Chicago Department of Water suggests that the

Board add the following provision to the proposed rule:

The United States Department of Army-Corps of

engineers shall give written assurance to the Illinois

Pollution Control Board that disposing of the sediment

generated during maintenance dredging operations on the

Illinois Waterway/River will not create an increase in

toxicity because of uncovered chemical compounds or in

taste and odor problems for the inhabitants of the

immediate area. (PC #8 at 1.)

The Board is unclear as to the intent or consequences of the

suggested addition of language relating to “uncovered chemical

compounds”. The record does not address this subject nor

indicate what association uncovered chemical compounds have with

the bankline disposal process at issue.

Prohibitions against causing toxic conditions and unnatural

odors are already present in several provisions of the Board’s

pollution control regulations. The proposed site—specific rule

would apply only to the limited situations outlined in the

proposed rule, and would not operate as a shield against

enforcement for violations pertaining to toxic conditions, odors,

and other circumstances already prohibited by statute or by the

Board’s rules. It is accordingly not apparent that addition of

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the suggested language would provide for anything not already

required by existing law.

Based on these considerations, the Board must decline to

accept addition of the suggested language.

IT

IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above supplemental opinion was

adopted on the

/~/-

day of ~

,

1993 by a vote

of 7--c

Ii

Control Board