ILLINOIS POLLUTION CONTROL BOARD
November 7, 1991
IN THE MATTER OF:
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AMENDMENTS TO 35 ILL.ADM. CODE
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R90-24
101.103(d) TO REQUIRE USE OF
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(Rulemaking)
RECYCLED PAPER FOR ALL DOCUMENTS
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FILED WITH THE BOARD
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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.
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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.
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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.
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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
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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.
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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
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-“Dorothy M. G)a~n, C1erk~
Illinois Pol tion Control Board
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