ILLINOIS

~DLLtJPION

CONTROL

BOARD

January

19,

1989

IN

THE

N1AT~ER

OF:

PI~)FOSEDRULE

CONCERNING

DEPARIMENT

OF

AI~4Y

MAINTE~~EDREIX~ING

OF

THE

)

R88-15

ILLI~JIS WATER~Y

ORDER OF THE BOARD

(by 3. Marlin):

By

way

o~a Hearino

Officer

Statement,

issued

January

9,

1989, the

Hearir

Officer has informed the Board that the Department of Army,

Rcok

Island District, Army Coros of ~qineers (Army), the pro~nentof this

rui~naking,

will

not

be

able

to

move

forward

with

this

matter

until

it

is

able

to

collect

monitorina

data

concerning

its

dredainq

activities.

Evidently,

the

Army

did

not

ired~e

the

Illinois

waterway

last

suniner,

and

the

earliest

time

period in which

it

will

be

able

to

collect

the

requisite

data

will

be

during

the

Sunner

of

1989,

assuming that dre.iing

opar~tions will

be

conducted

then.

In

addition,

the

Board

has

interpreted

recent

amendments

to

the

Enviror~enta1

Protection

Act

(Act)

as

requiring

the

Board

to

determine

whether

an

Economic Impact

Study

should

be

conducted

in

this

matter.

Specifically,

the Board

must

make

such

a

determination

by

March

2,

1989.

See

Res.

89—I

(January 5,

1989).

Since

Army

could

riot

proceed

to

hearing

in

this

matter

until

sanetirne after a Suiriner dre~ing

operation,

it

does not seem beneficial

for

the

Board

to

make

an

EcIS determination at this time,

Given

these

circumstances,

it

appears

that

the

most

prudent

course

of

action

is to dismiss this matter granting leave to Army

to

re—file a

oro~sal

when

it is able

to

support

that

proposal

with

the

necessary

information.

The

Board

notes

that

Army filed

its

proposal

on

June

30,

1988.

The

Board

by

its

Order

of

Septerrber

17,

1987

(P03

87—38)

granted Army a

variance

conditioned,

in

part,

on

the

requirement

that

Army

file

a

petition

for

site—

specific regulatory relief

5y

July

1,

1988.

The

Board

finds

that

Army

has

fulfilled

that

condition

notwithstandina

the

Board’s

action

today.

in other

~rds,

the

Board’s

Order

in

this

matter

does

not

disturb

in

any

way

the

variance

granted

to

Army

in

P03

87-38.

This

matter

is

dismissed,

and Army

is

granted

leave

to

re—file

a

petition

seeking regulatory relief when

it

is able to timely pursue such a petition.

95—441

---

2

Section 41 of

the Environmental Protection

k~t,Ill. Rev. Stat.

1985 ch.

ll1~/2par.

1041, provides for appeal of final Orders of the Board within 35

days.

The Rules of the Supreme Court of Illinois establish filing

requirements.

IT

IS SO

ORDERED.

I,

EX)rothy M.

Qinn, Clerk of

the

Illinois Pollution

Control

Board, hereby

certify that the

above

C~inionand Order was adopted on the

/~-

day

of

_____________,

1989, by a vote of

7—a

—.

(I

—&

//2

~

~/(~‘

Dorothy

M.

Qinn(

Clerk

Illinois Pollution Control Board

95—442