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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Dorothy M.
dunn, Clerk
Illinois Pollution Control Board
89—365