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

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