ILLINOIS POLLUTION CONTROL BOARD
    October
    6,
    1988
    IN THE MATTER OF:
    )
    CENSUS OF SOLID WASTE
    )
    R88-8
    MANAGEMENT FACILITIES EXEMPT
    )
    FROM THE PERMIT REQUIREMENT
    )
    AS PROVIDED IN SECTION 21(d)
    OF THE ACT,
    35
    ILL.
    ADM.
    CODE
    )
    808
    ORDER OF THE BOARD
    (by J.
    Anderson):
    On May
    5,
    1988,
    the Board proposed
    for
    first notice
    a one-
    time
    “census” regulation,
    including
    a questionnaire
    for permit—
    exempt on—site, non—hazardous waste,
    storage
    and treatment
    operations
    (handling special waste only)
    and waste—disposal
    operations
    (handling all wastes except residential).
    The Opinion accompanying the Order
    raised
    a number
    of
    questions and requested comment.
    Ten public comments were
    received containing
    a number
    of meritorious recommendations
    for
    perfecting the proposal and distributing the census
    form.
    The
    comments did not lead to the conclusion that providing the
    information would be technically infeasible or economically
    unreasonable.
    On August
    4,
    1988,
    the Department
    of Energy and
    Natural Resources
    (“DENR”) stated that an economic
    impact study
    is not necessary.
    The Governor has recently signed
    two identically worded
    statutes containing provisions requiring certain “permit—exempt
    on—site” facilities
    to fill out specified information on forms to
    be prepared by the Illinois Environmental Protection Agency
    (“Agency”).
    See P.A.
    85—1325
    (HB3683), effective 8/31/88 and
    P.A.
    85—1400
    (SB1615), effective
    9/12/88.
    A question
    is raised
    as
    to whether
    this docket can be dismissed at this time because
    the information required by the legislation will satisfy the
    needs of the Board or whether both efforts are needed and can be
    coordinated
    in some manner.
    Answering that question now
    is
    premature.
    While there are overlaps between the Board’s proposal
    and the legislation,
    there are significant distinctions as well,
    particularly regarding the lesser scope of facilities covered
    in
    the
    statute.
    This
    is
    one
    area
    where
    the
    Board
    has
    a
    special
    concern.
    As
    it
    stated
    in
    its
    earlier
    opinion:
    Even
    though
    unpermitted,
    on—site
    operations
    are
    required
    to
    be
    in
    compliance
    with
    the
    Act
    and
    Board
    regulations.
    The
    Board
    has
    already
    proposed
    comprehensive
    and
    detailed
    regu-
    lations
    affecting
    the
    location,
    design
    and
    93—107

    —2—
    operations of all
    landfill disposal, including
    waste
    piles.
    The Board
    intends
    to next
    focus
    on
    detailed
    regulations
    for
    the
    storage
    and
    treatment
    of
    waste.
    However,
    without
    basic
    data
    as
    to their whereabouts
    (including hydro—
    geological)
    and
    what
    they
    do,
    the
    environ-
    mental protection standards being developed
    in
    any
    regulatory
    program
    risk
    being
    based
    on
    false
    assumptions,
    to
    the
    detriment
    of
    the
    environment
    and
    the
    regulated
    community
    alike.
    The
    Board
    has
    already
    noted
    the con-
    cerns
    about
    the
    lack
    of
    data
    about
    on—site
    operations.
    (See
    the R88—7
    Opinion,
    and
    the
    R88—8
    Order
    opening this
    instant
    docket, both
    adopted on February 25,
    1988).
    R88—8, Opinion and Order,
    p.
    3, May
    5,
    1988.
    The Board also needs more information, particularly from the
    Agency,
    regarding how best
    to enhance the census response.
    The
    Board has concluded that
    these and other questions need
    to be
    addressed before
    the Board can make further determinations on its
    proposal.
    The Board also wishes
    to proceed as quickly as
    possible with this rulemaking so
    as
    to initiate and receive the
    information from the census,
    if it concludes
    the census
    is
    needed.
    Therefore,
    the Board directs
    the Hearing Officer
    to proceed
    to hearing on this matter.
    IT IS SO ORDERED
    I,
    Dorothy M.
    Gunri,
    Clerk
    of
    the
    Illinois
    Pollution
    Control
    Board, hereby certify that
    the above Order was adopted on
    the
    ~
    day of ________________________,
    1988,
    by a vote
    of
    -7—c)
    ~2~~i
    ~7.
    Dorothy
    M.
    ~x1nn, Clerk
    Illinois Pollution Control Board
    93—108

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