ILLINOIS POLLUTION

CONTROL BOARD

September

6,

1984

IN THE MATTER OF:

)

PERMIT REQUIREMENTS AND OPERATING

)

STANDARDS

FOR

(Y~~1NERSAND

OPERATORS

)

R84~’17

OF CLASS

I AND CLASS II LANDFILLS,

)

AND

FOR

GENERATORS

AND

HAULERS

)

OF

SPECIAL

WASTE

ORDER OF THE BOARD

(by J.

Anderson):

On August 24,

1984 the Illinois Chapter of the National

Solid Wastes Management Association

(NSWMA)

moved

the Board to

direct the Hearing Officer to order the Agency to answer

67 pages

of interrogatories concerning this regulatory

proposal.

NSWMA

would wish such answers to be filed with, or before7 the

filing

of the promised second draft, or alternatively

30

clays prior

to

the next merit hearing.

The Agency filed a response in

opposition September 5,

1984.

Without regard to the Agency’s procedural

aruments1

the

Board

denies

the

motion.

Many

of

these

interrogatories are in

the nature of public comment concerning style

dL~t.~r~c

~i..i

omissions,

which

the

Board

encourages

the

Agency

to

consider

in

redrafting

the

proposal.

Others

concern

policy deoisions/sh~fts

which

are

implicit

in

the

proposed

regulation

and

req~e~te for

discussion

of

proposed

implementation

of

the

proposed

regulations, which the Board assumes will

be

discussed

at

hearing, if not in the statement of reasons~.

To order thet these

interrogatories be artsweted now, when a redraft is

~u~d~rway,

could result in useless answers to questions which ~a

be

mooted

by the second draft.

To order that the present interroacories

be answered insofar as they apply to the redra:Et could embroil

the Agency, NSWMA, and the Hearing officer

in a

not

particularly

fruitful colloquy concerning degree or lack

of

compliance With a

Board ~discovery~ Order.

In denying this

motion,

the

Board

is

not

~npXying that

answers

to some or all of the questions raised by NSWMh wou~dbe

useless

to

either

the

Board

or

the

hearing

participants.

Rathèr~

the Board finds that the mechanism suggested by

~SWMA

to be

inappropriate at this time.

60-65

---

-2—

I,

Dorothy M.

Gunn, Clerk of the Illinois Pollution Control

Board,

hereby

cçrtify

that

the

above Order was adopted on the

~Z

day of

~

1984 by

a

vote

of

“~~‘

____

_________

/

)~1~

Dorothy M~Gunn, Clerk

Illinois Pollution Control Board