ILLINOIS POLLUTION CONTROL BOARD
February 19,
1987
IN THE MATTER OF:
PERMIT REQUIREMENT FOR OWNERS
)
R84-l7
AND OPERATORS OF CLASS
I AND
)
Docket A
CLASS
II
LANDFILLS AND FOR
)
Docket B
GENERATORS AND HAULERS OF
)
Docket
C
SPECIAL WASTE
)
INTERIM ORDER OF THE BOARD
(by
3.
Anderson):
Twenty—two hearings have been held since initiation of this
docket, the purpose of which
is development of comprehensive
regulations
for the management and disposal of non—hazardous
waste.
The Board has received testimony concerning proposals
submitted by the IEPA,
and the State Chamber of Commerce, and
is
in the process of receiving testimony concerning
the proposal
filed by Waste Management of Illinois.
The Board
has, as have
the other participants, expended substantial resources in
development of the record
to date.
The Board
as yet has made no
decisions concerning any of these proposals, and can reasonably
foresee requests
for
an additional
four to six days of hearing
to
complete presentation of testimony and submittal of comments
in
all three dockets.
While it
is arguably preferable
to adhere
to the Board’s
usual
practice of holding as many more hearings as the
participants request,
it
is not feasible to do so given
the
Board’s need
to prioritize the allocation of its resources.
The
deficiencies
of
the
Board’
s
regulations
concerning
the
management
and
disposal
of
non—hazardous
waste,
which
have
remained
virtually unchanged since
1973, grow daily more glaringly
apparent.
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,
R 85—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
76-85
—2—
legal
staff, must craft
a proposal
to address the
sum of the
various
concerns
which
have
been
brought
to
the
Board’s
attention.
The Board will hold
one, and only one, more hearing
in R84—
17,
Dockets A,B,C.
The morning session of the hearing will be
devoted
to completion of questioning
of Waste Management’s
witnesses
in Docket C, and the afternoon to comments by
participants on the merits of all proposals and issues raised
in
this docket.
The Hearing Officer
is directed
to take all
appropriate
steps
to insure completion of both goals,
including
but not limited
to the ordering of submission of questions and
statements
to the Board
and participants
in advance of hearing,
and
if necessary, entry of written statements
into the record as
if orally read.
Written comments will then be received by the
Board
for 30 days after the date of hearing.
Pursuant
to its Resolution of December
6,
1984,
the Board
has utilized the resources of
its Scientific/Technical Section
(STS)
in development of this
record..
Upon completion of the
hearing and close of the comment period,
the STS will proceed
with analysis of the record which has been amassed
for the
purpose of making
a report and regulatory recommendations to the
Board.
Such recommendations shall contain appropriate regulatory
language
if practicable.
The basis
for the recommendations shall
be
articulated; where such recommendations are based
on
scientific literature or other materials not currently of record,
such material shall
be designated
and provided for inclusion in
the record.
Upon completion of the report and regulatory
recommendations,
they shall
be filed with the Clerk of the
Board.
To
the
extent
such
recommendations
may
be
incorporated
by
the
Board
into
a
Board
proposal
for
first
notice
publication,
the
Board would anticipate calling STS staff as witness(es) at
hearing
to provide substantive testimony concerning
the Board’s
proposed regulations..
During
the process of compilation of the report and
recommendations,
it is anticipated that STS staff will be
consulting, particularly with staff attorneys, concerning matters
of form and procedure.
However, consistent with the Board’s
“Protocols Of Operation For
the Scientific/Technical Section”,
RES 86—1,
January 23,
1986, given the Board’s intention of
utilizing STS
staff to provide substantive testimony, such
“person(s)
shall be considered to be exterior
to the Board and
communications between the Board
and
the STS person(s)
on all
matters related
to the proceeding
in question shall
be subject to
ex parte restrictions, as prescribed
in 35 Ill. Adm. Code
101.121.”
76-86
—3—
Finally,
the Board wishes to note that,
in expediting the
hearing process
in this phase of this proceeding,
it
is not the
Board’s intent
to foreclose public debate concerning
the issues
involved
in this proceeding.
Rather,
it is the Board’s intent to
refine the
issues and
to more closely focus this debate.
The
participants remain
free,
in the context of the next round of
hearings concerning
the Board’s proposal,
to
raise any issues
which they believe have not been adequately addressed
in the
records developed during the course of the twenty—three prior
hearings.
IT
IS
SO ORDERED.
I, Dorothy
M.
Gunn, Clerk of the Illinois Pollution Control
Board,
hereby
certify
that
th
above
Interim
Order
was
adopted
on
the
/9~1
day
of
___________________________,
1987
by
a
vote
of
~
.
~
Dorothy
M. ‘~unn, Clerk
Illinois Pollution Control Board
76.87