ILLINOIS POLLUTION CONTROL BOARD
    June 19, 1997
    IN MATTER OF:
    AMENDMENTS TO LOCATION
    STANDARDS FOR LANDSCAPE WASTE
    COMPOST FACILITIES, 35 ILL. ADM.
    CODE 830.203(c)
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    R97-29
    (Rulemaking - Land)
    ORDER OF THE BOARD (by K.M. Hennessey):
    On May 6, 1997, two citizens, Dr. Renuka Desai and Susan Garrett (proponents), filed
    a proposal to amend 35 Ill. Adm. Code 830.203(c) (proposal). Section 830.203(c) contains
    location standards for certain landscape waste composting areas. Generally, proponents
    request in their proposal that the Board amend Section 830.203(c) to prohibit composting areas
    from being located within one-half mile of the property line of a hospital, school, athletic
    field, or public park, and to require that existing composting areas located within that setback
    distance be relocated.
    Proponents allege that the amendments are necessary because of actual and potential
    health threats from exposure to commercial composting operations. Proponents attached to the
    proposal letters from various doctors and medical organizations about the impact of
    composting operations on human health.
    On June 5, 1997, the Board issued an order stating that it could not accept the proposal
    for hearing at that time because proponents failed to serve copies of their proposal upon
    various state agencies as required by the Illinois Environmental Protection Act (Act) and Board
    regulations. Section 27(a) of the Act requires a proponent to file a copy of its proposal with
    the Illinois Environmental Protection Agency and the Illinois Department of Natural
    Resources. (See 415 ILCS 5/27(a) (1996).) The Board’s rules require the filing to be made
    not only with these two agencies, but also with the Illinois Attorney General. (See 35 Ill.
    Adm. Code 102.120.) The Board granted proponents 30 days to cure their failure to serve
    these agencies.
    By filings of June 11 and 13, 1997, proponents provided the Board with proof of
    service of their proposal upon the required agencies. With this procedural defect cured, the
    Board will consider whether to accept the proposal for hearing.
    The Board acknowledges that there are some deficiencies in the form and content of the
    proposal. None are so material, however, as to preclude the Board from accepting this matter
    for hearing. The Board notes that under Section 28 of the Act, 415 ILCS 5/28 (1996), and 35
    Ill. Adm. Code 102.160, it has discretion to schedule a public hearing upon any proposal
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    regardless of such deficiencies. The proposal does include the language changes sought by
    proponents and does provide reasons why they believe the rule change is necessary.
    The Board accepts the proposal for hearing. We hereby direct the hearing officer
    assigned to this matter to schedule hearings as required pursuant to Title VII of the Act. (See
    415 ILCS 5/26
    et seq.
    (1996).) The hearing officer also will establish a schedule for prefiled
    testimony.
     
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 19th day of June 1997, by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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