ILLINOIS POLLUTION CONTROL BOARD
June 22,
1987
IN THE MATTER OF:
PERIUT REQUIREMENT FOR OWNERS
)
R84—17
AND
OPERATORS OF CLASS
I AND
)
Docket
D
CLASS
II LANDFILLS AND FOR
)
GENERATORS AND HAULERS OF
SPECIAL WASTE
)
PROPOSED RULES SET FOR HEARING:
ORDER OF THE BOARD
(by J. Anderson):
Summary of Today’s Action
Consistent with the directives
in
the Board’s Orders of
February 19 and March
5,
1987, on June 12 and June 22, 1987,
the
Board’s Scientific/Technical Section (STS)
filed
its second set
of “Recommendations For A Non—Hazardous Waste Disposal Program
in
Illinois And A Background Report To Accompany Proposed
Regulations For Solid Waste Disposal Facilities~
(Recommendation).*
These proposed regulations, new Parts
813 and
814, would establish a) permitting requirements for the
design/development and operation of all facilities new and
existing, and including experimental authorizations and b) design
and operating requirements for existing facilities,
facilities
for the disposal of non—hazardous waste.
For the reasons
expressed
in its May
28,
1987 Order
and below,
the Board accepts
the Recommendations
of the STS, and orders that these proposed
regulations
be expeditiously scheduled for hearing.
Finally,
no later
than June 24, 1987,
the STS
is directed to
prepare and file a revised version of the proposed rules and
background document.
The revised version of the background
document
is
to contain an executive summary;
leave
is further
given to correct typographical errors and
to make non—substantive
editorial changes.
These revised documents, as well
as this
Order
shall be provided
to the persons on the R84—.7
notice list.
*
At the outset, the Board wishes
to commend
the STS for the
quality of its participation
in this proceeding.
A special
acknowledgment is due
to Richard
A.
DiMambro, both as coordinator
of the various consultants and other experts whose testimony has
been sponsored by the Board’s STS during the course of this
proceeding, and as principal author of the STS Recommendations.
The Board also acknowledges the contributions made to the STS
Recommendations by STS environmental scientist Dr. Harish Rao and
Karyn Mistrik,
STS librarian.
78-452
—2—
Procedural History
The Board will not repeat, but rather update, the procedural
history outlined
in its May 28, 1987 Order.
However,
the Board
suggests that a re—review of the prior
order
in all respects
would be beneficial.
On June
12,
1987,
the STS filed
its second
set
of
Recommendations,
including proposed new Parts 813 and 814,
and a
supporting background report.
A more refined
version was
filed
on June
22.
These documents were submitted to allow the Board
Members to begin
their review of them.
Filing of this “work
in
progress” was necessitated by the terms of the Board’s Order of
February 19,
1987;
said Order
required filing
of documents for
public inspection contemporaneously with distribution of copies
to
the Board Members, consistent with ex parte restrictions
articulated
in the Board’s “Protocols of Operation For
the
Scientific/Technical Section”, RES 86—1, January 26,
1986 and the
Board’s Procedural Rules, 35 Ill. Adm. Code 101.121.
The STS Recommendations
As noted
in its May 28,
1987 Order,
it is the aim of the
Board,
in the R84—17 docket,
to adopt a comprehensive set of
regulations which establish standards for the hauling,
treatment,
storage, disposal and recycling of all non—hazardous and special
waste.
The facilities to be covered would include both existing
and new facilities, regardless of whether
the facilities are
exempt from permit requirements pursuant
to Section 21(d) of the
Act.
Generally,
the May 28,
1987 proposal
of Parts 810,
811 and
812 establishes standards for the design/development and
operation of new waste disposal facilities.
New Part 813
of this
proposal establishes a comprehensive permitting system and
provides authorization for experimental programs.
New Part 814
enunciates design and operating standards for existing
facilities, depending on the number
of operating years remaining.
Board Review and Comment
The Board accepts the Recommendations
of the STS,
and will
set hearings expeditiously concerning proposed Parts
813 and
814.
Meanwhile, this proposal should provide background
assistance
in addressing the May 28,
1987 design/operating
standards at the June 29 and June 30 hearings.
Some modification
of the proposed regulations will likely seem appropriate after
consideration of additional testimony and comments received at
and after hearing.
However,
this second proposal appears
to
a)
establish
a permit system that
is superior
to the present system,
b)
allow experimental projects while assuring environmental
78-453
—3—
safety,
and
C)
reasonably set out what existing facilities must
do
to continue operating.
Finally,
the Board wishes
to again emphasize that
it does
not believe that the ongoing Federal activities pursuant to
Subtitle
D of RCRA should slow the momentum of this rulemaking.
In addition
to its comments
in its May
28,
1987 Order, the Board
wishes to note
that it
is not alone among states sharing
this
view (e.g.
see World Wastes, May, 1987, pp 22—27;
“Indiana
Environment”, January,
1987)
It
is
for
all of the
foregoing reasons that this proposal
is
accepted for hearing.
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 ,~?-r~&~day
of
______________,
1987,
by a vote of
~--~‘
/L~
Dorothy
M
Gunn, Clerk
Illinois Pollution Control Board
7845~