ILLINOIS POLLUTION CONTROL BOARD
    May 19,
    1988
    IN THE MATTER OF:
    )
    PETITION OF CRETEX PRESSURE
    )
    PIPE,
    INC.
    (FORMERLY
    )
    GIFFORD—HILL AMERICAN LOCK
    )
    R84—45
    JOINT,
    INC.) FOR SITE
    )
    SPECIFIC RELIEF FROM
    35 ILL.
    )
    ADM. CODE 807.305
    )
    PROPOSED RULE.
    SECOND NOTICE.
    PROPOSED OPINION AND ORDER OF THE BOARD
    (by J. Anderson):
    This matter
    is before the Board on the petition of Gifford—
    Hall American Lock Joint,
    Inc.
    (GHA)
    for site specific relief
    from the daily, intermediate, and final cover requirements
    of 35
    Ill. Adm.
    Code 807.305
    (a,b,c)
    for its disposal of concrete
    wastes at
    its South Beloit, Winnebago County, reinforced concrete
    pipe manufacturing facility.
    The Board previously adopted and
    authorized first notice publication
    of this rule,
    and first
    notice publication
    in the Illinois Register appeared on March 13,
    1987 at
    11 Ill.
    Reg.
    4215.
    On April
    30,
    1987,
    the Board adopted
    a Proposed Opinion and Order directing the Clerk
    to submit the
    proposed rule
    to the Joint Committee on Administrative Rules
    (JCAR), pursuant to second notice
    requirements
    of the
    Administrative Procedure Act
    (APA)
    (Ill.
    Rev.
    Stat.
    1985,
    ch.
    127,
    par.
    1001 et seq.).
    Prior
    to the mailing of
    the second notice submittal
    to JCAR,
    the Board was notified that GHA Lock Joint,
    Inc.
    had sold the
    South Beloit plant to the Cretex Companies,
    Inc., and that the
    facility had been renamed Cretex Pressure Pipe,
    Inc.
    (Cretex).
    The Board then vacated its April
    30, 1987 Opinion and Order.
    Cretex subsequently filed
    an affidavit executed by
    its president,
    which stated that Cretex adopted and reaffirmed
    the record
    created
    by GHA.
    On 1July 16,
    1987,
    the Board granted relief
    to
    Cretex on the basis of the hearing record
    arid
    the Cretex
    affidavit,
    and authorized
    the second notice submittal
    of the
    rule.
    By its Order of February
    25,
    1988,
    the Board noted that
    adoption of
    a second first notice order was necessary,
    since
    first notice publication occurred on March 13,
    1987, and was not
    sufficient
    time for this rule
    to proceed to final adoption within
    the one—year period required by Section 5.01(d)
    of the APA.
    89—363

    —2—
    The
    facts, history,
    and reasons behind the rule remain as
    set forth
    in the Board’s July 16,
    1987 Opinion and Order,
    and
    will not be reiterated here.
    First notice of
    this proposal was published
    at 12
    Ill.
    Reg.
    5168,
    March
    19,
    1988.
    The only comment received during the first
    notice period was that from the Administrative Code Unit
    requesting format corrections, which have been made
    in the rules
    as set forth below.
    ORDER
    The Board hereby proposes the following rule for first
    notice:
    TITLE
    35:
    ENVIRONMENTAL PROTECTION
    SUBTITLE G:
    WASTE DISPOSAL
    CHAPTER
    I:
    POLLUTION CONTROL BOARD
    SUBCHAPTER
    i:
    SOLID WASTE AND SPECIAL WASTE HAULING
    PART 807
    SOLID WASTE
    SUBPART C:
    SITE SPECIFIC RULES AND EXCEPTIONS NOT OF GENERAL
    APPLICABILITY
    Section 807.700
    Cretex Pressure Pipe,
    Inc.
    Concrete Waste Disposal Site
    a)
    The cover requirements
    of Section 807.305(a),
    (b) and
    (c)
    shall not apply to the on—site disposal of concrete
    waste resulting from the manufacturing operations
    of
    Cretex Pressure Pipe,
    Inc.
    (Cretex)
    at its South Beloit,
    Winnebago County, plant.
    b)
    Disposal activities
    shall meet the following
    requirements:
    1)
    Cretex shall limit waste disposal to the types of
    waste disposed
    of pursuant to variance granted
    in
    PCB 83—125:
    concrete waste,
    cull pipe,
    and metal
    reinforcing rods embedded
    in concrete.
    Cretex
    shall take all reasonable measures to minimize
    disposal of such metals
    as waste through use of
    recycling.
    2)
    Cretex shall limit the exposed, active surface of
    its_disposal
    site
    to a one acre area,
    and the
    height of the fill
    in the active area
    to that of
    adjacent
    improved terrain.
    89—364

    —3—
    3)
    Once
    a week, Cretex shall cover
    the exposed, active
    surface of
    its disposal
    site with
    a compacted layer
    of
    at least
    6 inches of earthen material.
    4)
    Within
    60 days of cessation of disposal activities,
    in any one acre area, Cretex shall provide any
    final, sloping faces
    of its disposal site with at
    least two feet of
    final cover consisting of
    compacted earthen material capable
    of supporting
    vegetative
    cover.
    5)
    Within 60 days of cessation of disposal activities,
    Cretex shall provide any flat reclaimed area of its
    disposal site which
    is
    to be used for
    the storage
    of pipe inventory and equipment,
    or which
    is
    to be
    occupied by buildings,
    with
    at least six inches of
    final cover consisting
    of silty sand or similar
    material.
    However, within 60 days of cessation
    of
    such uses,
    Cretex shall provide at least
    an
    additional
    18 inches
    of final cover material as
    specified
    in subsection
    (b)(4)
    above.
    IT
    IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk
    of
    the Illinois Pollution Control
    Board, hereby certify ,that the above Proposed Opinion and Order
    was adopted on the
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    day of
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    ,
    1988,
    by
    a
    vote
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    Dorothy M.
    dunn, Clerk
    Illinois Pollution Control Board
    89—365

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