ILLINOIS

POLLUTION CONTROL BOARD

October

30,

1975

IN

THE

MATTER

OF:

R 75—14

BEVERAGE

CONTAINER REGULATIONS

OPINION

AND

ORDER

OF

THE

BOARD

(By

Mr.

Dumelle):

A

citizen~

s

petition

was

filed

with

the

Board by the

~Stucient

Environmental

Center,

Southern

Illinois

University

at

Jarboridale’~

proposing

a

regulation

for

the

control

and

recycling

of

beverage

containers.

A

statement

of

reasons

supporting

the

proposal

was

attached

in

accordance

with

SectiOn

203

of

the

Procedural Rules,

and the petition bore

the

requisite

two—hundred

signatures~

A

s:Lmilar

petition

was

received by the Board in 1971.

We

dismissed

that

petition

for

want

of

jurisdiction,

holding

that

Section

6

of

the

Environmental

Protection

Act

prohibited

such

a

regulation

until

after

the

Board

had

received

the

recommendations

of

the

Solid

Waste

Management

Task

Force

established

therein.

In

the

Matter

of

Non-Returnable

Cans and

totules,

R

71—7,

1

PCB~05 (1971)

.

Such

recommendations

~ere

thereafter

transmitted

to

the

Board,

together

with

a

sugccested

form

of

a

regulation

requiring

a

mandatory

deposit

on

the

sale

of

beverages

in

beverage

containers.

Hearings

were

autho:rized

on January

11,

1972

(R 71—24,

3 PCB

471)

Thirteen

days

of

hearings

have

been

held——

the

latest

in

Pecember,

i974—~

and

a

voluminous

record

has

been

gathered.

Os

July

24,

1975

we

remanded

the

proceeding

to

the

Illinois

Institute

for

Environmental

Quality

to

prepare

and

publish

within

six

months

•a

study

which

evaluates

the

environmental

costs

and

benefits

of

the

proposed

regulation

(18

PCB

198).

As

the

issues

of

fact

and

law

involved

in

the

instant

netitson

and

the

current

proceeding

are

likely

to

be

identical,

we

hereby

consolidate

the

two

proceedinqs~

Additional

hearins

will

be

scheduled

after

receipt

of

the

Institute

study~

The

record

in

R

71—24

is

available

for

review

to

the

present

petitioner

at

the

Board

offices.

IT

IS

SO

ORDERED.

Mr.

Zeitlin

abstains.

I,

Christan

L.

.Moffett, Clerk

of

the Illinois Pollution

Control

Board,

hereby certify the above Opinio

d

Order

wore

shopted

on

the

~

day

of

-i..

~

..

(~L

~L

an L. Moffe

Isrk

Illinois