ILLINOIS POLLUTION CONTROL BOARD
    November 7, 1991
    IN THE MATTER OF:
    )
    )
    AMENDMENTS TO 35 ILL.ADM. CODE
    )
    R90-24
    101.103(d) TO REQUIRE USE OF
    )
    (Rulemaking)
    RECYCLED PAPER FOR ALL DOCUMENTS
    ~)
    FILED WITH THE BOARD
    )
    ADOPTED RULE. FINAL ORDER.
    OPINION AND ORDER OF THE BOARD (by J. Theodore Meyer):
    This matter is before the Board on a rulemaking proposal filed
    by Business and Professional People for the Pub~ic Interest. (BPI)
    on November 21, 1990. BPI asks that the Board amend Section
    101.103 (35 Ill.Adm.Code 101.103) of •its procedural rules to
    require the use of recycled paper for all documents filed by
    attorneys with the Board. The Board accepted the proposal on
    December 4, 1990, and established a comment period on December 20,
    1990. The comment period expired on February 12, 1991. Pursuant
    to Section 26 of the Environmental Protection Act (Act)
    (Ill.Rev.Stat. 1989, ch. 111 1/2, par. 1026), the Board need nOt
    hold a hearing on procedural rulemakings, except as required by the
    Illinois Administrative Procedure Act (APA) (Ill.Rev.Stat. 1989,
    ch. 127, par. 1001 ~ seq.). No hearing has been held. On June
    6, 1991, the Board proposed the rule for first notice. The rule
    was published in the Illinois Reciister on July. 5, 1991, at 15
    Ill.Reg. 9822, and the 45 day comment period expired on August 19,
    1991. The Board then made minor changes to the proposed rule, and
    proposed the rule for second notice on September 12, 1991. The
    Joint Committee on Administrative Rules (JCAR) considered the rule
    at its October 22, 1991, meeting, and issued its certification of
    no objection that same day. Today the Board proceeds to final
    adoption of the rule.Proposal1
    and Public Comments
    BPI is a public interest law organization which provides legal
    representation to civic, consumer, environmental, and neighborhood
    organizations on a broad range of issues. BPI has~a particular
    interest in the development and implementation of state laws,
    regulations, policies, and programs to encourage recycling and to
    improve solid waste management. BPI has appeared before the Board
    in several proceedings involving hazardous waste management and
    1 The Board wishes to acknowledge the contributions of
    attorney assistant Elizabeth Schroer Harvey to this rulemaking.
    12 7—137

    2
    groundwater protection issues.
    In its original proposal, BPI proposed that the Board amend
    its procedural rules to require that all documents filed with the
    Board by attorneys be submitted on recycled paper. In response to
    an inquiry from the Board, BPI subsequently proposed that the scope
    of the proposal be expanded to include organized environmental and
    trade groups appearing before the Board, whether or not those
    groups are represented by attorneys. BPI argued that requiring the
    use of recycled paper is consistent with state and federal public
    policies to increase the use of recycled paper (thus stimulating
    markets for recycled paper), increase recycling of waste material,
    and reduce the solid waste stream. BPI further contended that
    increased use of recycled paper is both feasible and cost-
    effective.The 2Board
    received a number of public comments on the
    proposal, both prior to and after first notice. The comments were
    divided between those who supported the required use of recycled
    paper, and those who believe that the use of recycled paper should
    be encouraged by the Board, but not required. For further
    discussion of those comments, and the Board’s specific responses
    to the comments, see the Board’s June 6, 1991 first notice opinion,
    and its September 12, 1991 second notice opinion.
    Adopted Rule
    The rule, as adopted today by the Board, is identical to the
    rule proposed for second notice on September 12, 1991. Quite
    simply, the rule requires that all documents, excluding exhibits,
    filed with the Board by attorneys and organized environmental and
    trade groups be submitted on recycled paper. For purposes of the
    Board rule (found at 35 Ill.Adm.Code 101.103(d)), “recycled paper”
    means paper which contains at least 40 postconsuiner material. The
    definition of “postconsumer material” is set forth in Section 3(f)
    of the Illinois Solid Waste Management Act. (Ill.Rev.Stat. 1989,
    ch. 111 1/2, par. 7053(f).) Please note that the rule refers to
    Section 3(f) of the Illinois Solid Waste Management Act only for
    the definition of “postconsumer material”, and not for any
    definition of “recycled material”, etc. The rule itself
    specifically defines “recycled paper” as paper which contains at
    least 40 postconsumer material. As stated in our second notice
    opinion, the Board finds that the Section 3(f) definition of
    “postconsumer material” addresses the issues raised by com.menters.
    In addition to the exemption for exhibits, the rule excludes
    stationery, such as letterhead, from the recycled paper requirement
    when the stationery is used for cover letters or similar purposes.
    2 For further discussion of BPI’s support for its proposal,
    see the Board’s June 6, 1991 first notice opinion.
    12 7—138

    3
    Either the certificate or proof of service or the notice of filing
    accompanying all documents filed by attorneys or organized
    environmental or trade groups shall state “THIS FILING IS SUBMITTED
    ON RECYCLED PAPER”. This statement shall be made at the bottom of
    the first page of the certificate or proof of service, or the
    notice of filing. Finally, the adopted rule states that the Board
    encourages all participants to double—side copies of the documents
    filed with the Board. The Board recognizes that not all
    participants have access to photocopiers which easily produce
    double-s,ided copies, but encourages those who do to utilize that
    feature. Double—sided copying can be a significant step in waste
    reduction.
    The adopted rule will go into effect on January 1, 1992. This
    short delay between the final adoption of the rule and the
    effective date will allow for a short phase-in period, during which
    participants can exhaust their existing paper stocks. The Board
    notes that participants have been aware that the Board was
    considering a recycled paper requirement since December 1990, and
    that the Board had proposed the requirement since June 1991~.
    The comments contained a fair amount of discussion on the
    question of what sanctions should be imposed for a failure to
    comply with the mandatory recycled paper rule. Some commenters
    believed that the Clerk should refuse to accept filings which are
    not on recycled paper, which other commenters believed that this
    sanction is too harsh. However, the Board will not establish
    special sanctions for violation of this rule. The Board finds that
    violation of the recycled paper requirement is subject to sanctions
    under Section 101.280, just as any other violation of the Board’s
    prodedural rules. Sanctions can be imposed on the Board’s own
    motion or on the motion of another party.
    As we stated in our first and second notice opinions, the
    Board recognizes that the recycled paper requirement will cause
    some inconvenience to those practicing before the Board, especially
    in the beginning. However, the Board believes that the large
    majority of those covered by this rule (attorneys and organized
    environmental and trade groups) will be able to obtain recycled
    paper with little extra effort.3 The Board finds that the
    important public policy goals, as articulated by the Illinois
    General Assembly and the United States Congress, of encouraging
    recycling and stimulating markets outweigh any inconvenience.
    ~ The Board notes that Section 101.103(e) specifically
    provides that the Board may waive any of the requirements for form
    of documents upon motion demonstrating that the particular
    requirement would impose an undue burden. Thus any participant
    covered by the rule who truly could not comply with the recycled
    paper requirement could move for a waiver.
    127—139

    4
    ORDER
    The Board hereby adopts, as final, the following amendment to
    be filed with the Secretary of State.
    TITLE 35: ENVIRONMENTAL PROTECTION
    SUBTITLE A: GENERAL PROVISIONS
    CHAPTER
    I: POLLUTION CONTROL BOARD
    PART 101
    GENERAL RULES
    Section 101.103
    Form of Documents
    a)
    Documents shall clearly show the title of the proceeding in
    which they are filed. Appendix A of this Part sets forth
    examples of proper captions. Documents shall bear a heading
    which clearly describes the nature of the relief sought, such
    as, but not limited to “Petition for Amenthuent to Regulation”,
    “Complaint”, “Petition for Variance”, “Petition for Review”,
    “Motion”, or “Public Comment”.
    b) Except as otherwise provided, the original and nine (9) copies
    of all documents shall be filed with the Clerk. Only the
    original and four (4) copies of any discovery motion,
    deposition, interrogatory, answer to interrogatory, or
    subpoena need be filed with the Clerk.
    c) After the filing of the initial document in a proceeding, all
    filings, including exhibits, shall include the Board docket
    number for the proceeding in which the item is to be filed.
    If the filing is a document, the docket number shall appear
    on the first page of the filing. For filings which are not
    documents, the docket number shall appear on a readily visible
    portion of the filing.
    d) Documents, excluding exhibits, shall be typewritten or
    reproduced from typewritten copy and double—spaced on
    unglazed, uncoated white paper of greater than 12 pound weight
    and measuring 8” x 10 1/2” or 8 1/2” x 11”. Reproductions
    may be made by any process that produces legible black-on-
    white copies. All documents shall be fastened on the left
    side or in the upper left corner. The left margin of each
    page shall be at least 1 1/2 inches and the right margin at
    least one inch. As of January 1, 1992, all documents,
    excluding exhibits, filed with the Board by attorneys or by
    organized environmental and trade groups shall be submitted
    on recycled caper. For purposes of this Section. “recycled
    paper” means paper which contains at least 40 ~ostconsumer
    material. The definition of “postconsumer material” is set
    forth in Section 3(f) of the Illinois Solid Waste Management
    12 7—140

    5
    Act (Ill.Rev.Stat. 1989, ch. 111 1/2, par. 7053(f)). Either
    the certificate or Proof of service or the notice of filing
    accompanying all documents filed by attorneys or by organized
    environmental or trade groups shall state “THIS FILING IS
    SUBMITTED ON RECYCLED PAPER”. This statement shall be made
    at the bottom of the first page of the certificate or proof
    of service, or the notice of filing. This recycled ~a~er
    requirement does not apply to stationery, such as letterhead,
    when used for cover letters or similar purposes.
    Additionally, the Board encourages all participants to double-
    side copies of documents filed with the Board.
    e) The requirements of subsections (b), (c), and (d) may be
    waived by the Board upon written request. A request for a
    filing waiver shall be presented to the Board in the form of
    a motion accompanied by affidavits necessary to verify any
    factual assertions contained in the motion. If the Board
    finds that compliance with the filing requirements would
    impose an undue burden, the Board will grant the motion.
    f) Exhibits, where possible, shall be reduced to conform to the
    ‘size requirements of subsection (d). However, one non-
    conforming copy may be filed with the Clerk’s office.
    g) The original of each document filed shall be signed by the
    party or by its authorized representative or attorney. All
    documents shall bear the business address and telephone number
    of the attorney filing the document, or of the party who
    appears on his or her own behalf. The Clerk will refuse to
    accept for filing any document which does not comply with this
    subsection.
    h) Except as otherwise provided by Sections 1 through 4 of “AN
    ACT in relation to the reproduction of public records on film
    and the destruction of records so reproduced” (Ill.Rev.Stat.
    1987, ch. 116, pars. 35-38, or by leave of the Board,
    documents on microfiche are not acceptable for filing.
    (Source: Amended at 15 Ill.Reg.
    ______________,
    effective
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereb~certifythat the above Opinion and Order was adopted
    on the /c~/~~day of 7~~-y-~LLt_-”
    ,
    1991, by a vote of
    7
    /
    ~‘
    /1
    ~~“~L~L1
    ,~2h. ~-~--~
    -“Dorothy M. G)a~n, C1erk~
    Illinois Pol tion Control Board
    127—14 1

    Back to top