ILLINOIS POLLUTION CONTROL BOARD
February 25,
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 FIRST 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 July 16,
1987,
the Board granted relief to
Cretex on the basis of the hearing record and the Cretex
affidavit,
and authorized the second notice submittal of the
rule.
Since
first notice publicat~ionoccurred on March
13,
1987,
there
is 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.
Therefore,
the Board today sends the proposed rule
to second
first notice so that the rule may ultimately be
adopted.
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.
86—483
—2—
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 G:
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
35
Ill.
Adm.
Code 807.305(a),
(b)
and
Cc) 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)
j~~~l3ctivities shall meet the following
requirements:
1)
Cretex shall
limit waste disposal
:o 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.
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.
86—484
—3—
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~JroposedOpinion and Order
was adopted on the
~
day of
~
,
1988, by
a
vote of
7—o
.
1~.
__
Dorothy M.
unn,
Clerk
Illinois Pollution Control Board
86—485