ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    March
    5,
    1981
    ILLINOIS POWER COMPANY,
    (Decatur),
    Petitioner,
    v.
    )
    PCB 80—196
    ILLINOIS ENVIRON.MENTAL
    PROTECTION
    AGENCY,
    Respondent.
    MS.
    CAROLYN
    A.
    LOWN,
    SCHIFF
    HARDIN
    &
    WAITE,
    APPEARED
    ON
    BEHALF
    OF
    THE
    PETITIONER.
    MR.
    SCOTT
    0.
    PHILLIPS,
    ATTORNEY
    AT
    LAW,
    APPEARED
    ON BEHALF OF THE
    RESPONDENT.
    OPINION
    AND
    ORDER
    OF
    THE
    BOARD
    (by
    D.
    Satchell):
    This matter comes before the Board upon a petition for review
    of special waste hauling permit No.
    0596, issued by the Illinois
    Environmental Protection Agency
    (Agency)
    to Illinois Power Company
    (IPC)
    on September 29, 1980.
    The petition was filed on October
    24, 1980.
    The Agency record was filed on November 3,
    1980.
    An
    amended petition deleting paragraph
    3 from the petition for re-
    view was filed December 19,
    1980.
    A hearing was held in Decatur,
    Macon County on January 16,
    1981.
    The parties presented a pro-
    posed settlement.
    Members of the public attended but did not
    comment.
    Rule 201 of Chapter
    9:
    Special Waste Hauling Regulations
    requires
    a special waste hauling permit of any person who hauls
    or otherwise transports special waste.
    Rule 205 provides for
    inclusion of special conditions
    in Chapter
    9 permits.
    IPC has
    appealed, pursuant to Procedural Rule 5O2(a), the issuance of the
    permit with conditions.
    Of the three conditions originally in
    dispute only two remain,
    as set forth in paragraphs
    1 and
    2 of the
    petition for review.
    IPC objected to standard condition No.
    4 of the permit in
    that it could be construed as being a waiver by IPC of its con-
    stitutional right to a warrant before an inspection is made.
    The
    Agency and IPC have agreed that the following special condition
    shall be added to the permit:
    Standard condition No.
    4 shall not constitute a waiver of
    any constitutional right of the permittee.
    4 1—27
    —2—
    IPC objected to standard condition No.
    16 which related to
    modification of permits upon promulgation of new regulations.
    IPC
    believed the condition “was unclear as to which agencies would be
    promulgating the rules and regulations which could result in modi-
    fication.” and that they should be entitled to time to achieve corn-
    pliance in the event the permit were modified.
    The Agency and IPC
    have agreed to strike standard condition
    No.
    16 from the permit
    and insert in its place the following two special conditions:
    This permit may be modified or revised to incorporate ap-
    plicable new or amended Illinois Pollution Control Board
    Rules or Regulations, Regulations promulgated by the United
    States Environmental Protection Agency pursuant to the Re-
    source Conservation and Recovery Act of 1976 as amended
    (RCRA), or Amendments to RCRA.
    Such Rule,
    Regulation or
    Amendment shall become part of this permit on the effective
    date of the Rule, Regulation or Amendment.
    The Agency will
    notify each affected permittee of such incorporation.
    Special Condition No.
    3 shall not prejudice the permittee’s
    right to obtain or be granted a reasonable time
    in which to
    comply, but in no event shall such time be later than any
    applicable Federal or State of Illinois statutory or regu-
    latory compliance date,
    in connection with any modification
    made pursuant thereto.
    The permit will be remanded to the Agency for issuance of a
    new permit or modification of the outstanding permit consistent
    with the parties’ settlement agreement and the terms outlined
    above.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    Special waste hauling permit No.
    0596 is remanded to the
    Illinois Environmental Protection Agency for issuance to Illinois
    Power Company of a permit consistent with the settlement agreement
    and the Board’s Opinion in this matter.
    IT IS SO ORDERED.
    41—28
    --3—
    I,
    Christan L.
    .Moffett, Clerk of the Illinois Pollution
    Control Board,
    hereby certify that the above Opinion and Order
    were adopted on the
    ~
    day of
    ~
    .
    ,
    1981 by a vote
    of
    ~
    /
    /
    ~—/T\-L4ZL~~.
    \—.~
    -~L~”~
    Christan
    L. Mofte~ Clerk
    Illinois Pollution Control Board
    4
    1—29

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