ILLINOIS POLLUTION CONTROL BOARD

February

4,

1988

IN THE MATTER OF:

PERMIT REQUIREMENT FOR OWNERS

)

R84-17

AND OPERATORS OF CLASS

I AND

)

Docket A

CLASS

II LANDFILLS AND FOR

)

Docket

B

GENERATORS AND HAULERS OF

)

Docket

C

SPECIAL WASTE

)

Docket D

INTERIM ORDER OF THE BOARD

(by J.

Anderson):

By Order

of February 19,

1987,

the Board scheduled the

closing

of Dockets A,

B,

& C

in this matter.

The Board

further

directed its Scientific/Technical Section to prepare

its own

recommendations.

The Order went on to provide that:

During

the

process

of

compilation

of

the

report

and

recommendations,

it

is anticipated

that

STS

staff

will

be

consulting,

particularly

with

staff

attorneys,

concerning

matters

of

form

and

procedure.

However,

consistent

with

the

Board’s

“Protocols

Of

Operation

For

the

Scientific/Technical

Section”,

RES

86—1,

January

23,

1986,

given

the Board’s

intention

of

utilizing

STS

staff

to

provide

substantive

testimony,

such

“person(s)

shall

be considered

to

be exterior

to

the

Board

and

communications

between

the

Board

and

the

STS

person(s)

on

all

matters

related

to the proceeding

in question shall

be

subject

to

ex

parte

restrictions,

as

prescribed

in

35 Ill.

Adm. Code 101.121.”

The purpose of this action was

to allow the STS

to engage in

the type of informal

information gathering process from which

the

Board

is precluded, while at the same time protecting the Board’s

ability

to judge the merits

of the STS and other proposals on the

basis of the public record.

The

regulatory recommendations, proposal and background

report filed pursuant thereto have been the subject of several

hearings, at which

the STS presented the technical justification

for its proposal.

The post—hearing comment period has been

closed since December

30,

1987.

86—187

---

—2—

The STS has filed

a revised proposal

and background document

incorporating changes suggested at hearing and

in comments which,

in its view, are meritorious.

The Board

has been deliberating the STS revised

proposal, as

well

as the records

in Docket

A,

B,

& C since January 21,

1988.

The Board has limited

its discussions with

the STS consistent

with the February 19,

1987, Order

and

the Board’s Protocols.

The

Board has found that

in order

to fully and expeditiously

deliberate these matters

it is necessary to informally consult

with STS staff concerning

the technical details

in the voluminous

R84—17 record.

As the bases

for

and comments concerning the STS proposal

are

a matter of public

record, the Board now feels that it may,

without prejudice to the integrity of

its process, terminate its

“arm’s length” dealing with STS staff.

Accordingly,

as of

this

date,

the STS staff will no longer be considered

“exterior”

to

the Board within the meaning

of the Protocols.

STS staff is

directed

to resume communications with the Board

in the usual

Board/staff relationship.

The ex parte constraints

of

35

Ill.

Adm.

Code 101.121(b)

shall apply

to STS communications with

persons other

than Board Members and staff.

IT

IS SO ORDERED.

J.

D. Dumelle abstains.

I, Dorothy M.

Gunn, Clerk

of the Illinois Pollution Control

Board, j~rebycertif

that the above Interim Order was adopted on

the

~‘~i—day of

______________,

1988, by a vote

of

~

s Pollution Control Board

86—188