ILLINOIS POLLUTION CONTROL BOARD
December 27, 1984
IN THE MATTER OF:
FINANCIAL ASSURANCE FOR CLOSURE
)
R84-22A
AND POST-CLOSURE CARE OF WASTE
DISPOSAL SITES (EMERGENCY RULES)
)
IN THE MATTER OF:
)
FINANCIAL ASSURANCE FOR CLOSURE
)
R84—22B
AND POST-CLOSURE CARE OF WASTE
)
DISPOSAL SITES (TEMPORARY RULES)
)
FINAL ORDER. ADOPTED EMERGENCY RULE (R84-22A)
PROPOSED RULE. SECOND NOTICE (R84-22B)
DISSENTING OPINION (by B. Forcade):
I respectfully dissent from the majority position because it
fails to adequately protect the state, The primary objective of
Section 21.1 of the Act is to ensure that the State of Illinois
will not
bear future financial responsibility for closure and
post-closure
care of private waste disposal operations.
The existing regulations provide that financial
assurance
by bond or 1ette~of credit will last at least five years. At
the end of that time the. financial institution may withdraw,
if the state has not ordered site closure, even if no alternative
financial assurance is provided. This is a departure from the
Board~s policy for hazardous waste. There, a financial institu-
tion is not released from liability until alternative financial
assurance is provided (See 35 Ill, Mm. Code 724.243(b)(4)(C)
I would have included “failure to provide alterna~.ive financial
assurance” as a condition for liability
under
Section 807.662(e)(2),
807.663(e)(2) and 8O7.664(e)(2)~ I would also have shortened the
pay-in period of the Trust Fund in Section 807.66l(d)(2). Presently,
it
allows full
trust funding not less
than three years nor
greater
than ten years.
In
the
absence of these modifications, I believe the
state
and its taxpayers still bear substantial financial ~jsk from
future activities
of private waste
disposal operati~ns.
Board
Member
62-233
2
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Contro1
Board, hereby certify that the above Dissenting Opinion was
submitted
on the
/~~-
day of
~
1985.
~2’1
~ ~
777,
/~i
Dorothy
~ &inn, Clerk
Illinois pollution Control Board