ILLINOIS POLLUTION CONTROL BOARD

January 20,

1994

IN THE

MATTER OF:

REGULATION OF LANDSCAPE

)

R93-29

WASTE COMPOST FACILITIES,

)

(Rulemaking)

35 ILL. ADN. CODE 830—832

)

ORDER OF THE BOARD

(by M. NcFawn):

On December 30,

1993, the Illinois Environmental Protection

Agency (Agency)

filed this rulemaking proposal in response to the

mandate of Section 22.33 of the Environmental Protection Act

(Act) (415 ILCS 5/22.33

(1992)).

Section 22.33

of the Act

requires the Agency to propose by January

1,

1994, and the Board

to adopt by December 1,

1994, regulations setting forth

performance standards for landscape waste composting facilities

and testing procedures and standards for end—product compost

derived from landscape waste and offered for sale or use in

Illinois.

‘

On January

7,

1994, the Agency submitted some minor

formatting and typographical corrections to the December 30,

1993

filing.

The Board find that the petition satisfies the information

requirements of 35 Ill.

Adm. Code 102.121.

The petition is

accordingly accepted for hearing.

The Agency’s proof of service however, does not indicate

that a copy of the proposal has been filed with the Office of the

Attorney General

(AGO)

as required by 35 Ill.

Adin.

Code 102.140.

The Agency is directed to serve the proposal on Joseph Annunzio

at the AGO’s Chicago office on or before February

1,

1994.

The Agency’s proposal was also accompanied by a motion

requesting that,

as to three documents, the Board waive the

requirement of 35

Ill. Adm. Code 102.121(f)

that copies of any

material to be incorporated by reference be sumbitted with the

regulatory proposal.

The Agency asserts that the Board already

has two of these documents in its possession:

1

The Agency notes that it will,

“as soon as possible”,

also

be filing regulatory proposals to address the mandates of Sections

22.34

and 22.35 regarding composting of organic waste

and mixed

municipal waste.

These Sections contain the same deadline dates as

does Section 22.33

--

January

1,

1994 Agency proposal and December

1,

1994 Board adoption.

The Board notes that delay in receipt of

the Agency’s

proposals

jeopardizes

timely

completion

of

those

rulemakings.

---

2

1.

Standard Methods for the Examination of

Water and Wastewater,

18th Edition,

1992, published by the American Public

Health Association; and

2.

Test Methods for Evaluating Solid Waste,

Physical/Chemical Methods, EPA

Publication SW-846

(Third Edition,

September,

1986,

as amended by Revision

1

(December,

1987),

Final Update

I

(November,

1992)

and Proposed Update

II

(July,

1992)).

The Agency asserts that it would cost $400-$500 to purchase

copies for submittal to the Board, and that photocopying would be

costly due to their length.

The Agency proposes to submit the third document as an

exhibit to its testimony.

This document is:

3.

Recommended Chemical Soil Test

Procedures for the North Central Region,

North Central Regional Publication No.

221

(Revised).

Bulletin No.

499

(Revised). October,

1988,

North Dakota

Agricultural Experiment Station, North

Dakota State University, Fargo, North

Dakota 58105.

The Agency’s motion is granted.

The Agency need not sumbit

copies of Standard Methods and Test Methods, but shall submit

Recoinniended...Procedures pursuant to the schedule for pre—filing

of testimony established by the Hearing Officer.

IT IS SO ORDERED.

I, Dorothy N. Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certify

(t)iat

the above order was adopted on the

c’~

day of

~-

~

,

1994,

by a vote of

/‘

~1

—

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/

/

/

~

/

Dorothy N. G~nn,Clerk

Illinois Po~.1utionControl Board