ILLINOIS POLLUTION CONTROL BOARD

February 25,

1988

IN THE MATTER OF:

PERMIT REQUIREMENT FOR OWNERS

)

R84—17(A), (B) ,(C) ,(D)

AND OPERATORS OF CLASS

I AND

)

(SEE R88-7)

CLASS

II LANDFILLS AND FOR

GENERATORS AND HAULERS OF

SPECIAL WASTE

)

ORDER OF THE BOARD

(by J. Anderson):

By this Order, the Board dismisses Docket R84—17(A),(B),(C)

and

(D).

The record of the proceedings

in this Docket R84—17 has been

incorporated into the Board’s newly titled R88—7 First Notice

Opinion and Order adopted this same day,

and which

is attached

and incorporated

by reference herein.

The Board recommends

that

this instant Order

be

read

in conjunction with the Board’s

Opinion

in R88—7.

These actions today reflect the

intent of the

Board as articulated

in its February 19, 1987 Interim Order

concerning Dockets

A,

B, and C.

As the Board stated

in that

Order:

Various

subject

matters

involved

in

these

consolidated

dockets

are

closely

intertwined

with

those

in

companion

dockets

which

have

been legislatively prioritized;

some

of

these

dockets are difficult

to rationally deliberate

outside of the context of

a comprehensive non—

hazardous waste management program.

See,

e.g.

In

The

Matter

of:

IDENR

Special

Waste

Categorization

Study, R85—27,

and Section

22.9

of the Environmental Protection Act.

The record

to date

in R84—17

is sufficient

to

enable

the Board

to determine that,

while each

proposal has meritorious components,

no single

proposal

pending

before

it

is

sufficiently

refined

or

comprehensive

to

be adopted

by

the

Board

as

the

Board’s

own

proposal

for

the

purposes

of

first

notice publication pursuant

to the Illinois Administrative Procedures Act,

and

resulting

additional

hearings.

It

is

clear

to the Board

that

the Board itself, with

the assistance

of its scientific/technical

and

legal

staff,

must craft

a proposal

to address

the

sum

of

the

various

concerns

which

have

been brought to the Board’s attention.

86—479

---

—2--

Many aspects

of the Docket A,B and C proposals were

incorporated

into the Docket D proposal of

the Board’s Scientific

Technical Section

(STS).

The Board,

in turn, has reviewed the

record and

is proposing

in most respects the STS proposal as

amended; however,

the Board has altered certain aspects of

the

STS proposal, some to

a significant degree.

The Board will also

deal with other aspects of a solid waste management

system in

other existing Dockets,

e.g.

R85—27 and R88—8,

or

in future

Dockets addressing

such matters as waste generation, storage and

treatment.

The Board had expressed,

in its February 11, 1988 Interim

Order,

its intent

to docket

its own proposal as R84—17(E).

Upon

reflection,

the Board has determined

that

it

is more appropriate

to dismiss Docket R84—l7;

establish a new Docket number for the

Board’s proposal;

retitle the Docket

to more accurately reflect

the scope

of the regulations contained therein; and maintain the

continuum of the record by incorporation of the R84—17

proceedings.

These actions should make more clear that the Board

has fashioned

its single proposal,

after consideration of

proposals and the record developed

to date,

pursuant

to Title VII

of

the Act.

IT

IS SO ORDERED.

I,

Dorothy M. Gunn, Clerk

of the Illinois Pollution Control

Board, hereby certif

that the above Order was adopted on

the

~~Z-day

of

____________,

1988,

by

a vote

of

7~-eJ~

Dorothy M./Gunn, Clerk

Illinois Pollution Control Board

86—480