ILLINOIS POLLUTION CONTROL BOARD
    February 5, 1998
    IN THE MATTER OF:
    PROPORTIONATE SHARE LIABILITY
    (35 ILL. ADM. CODE 741)
    )
    )
    )
    )
    R97-16
    (Rulemaking - Land)
    ORDER OF THE BOARD (by C.A. Manning, K.M. Hennessey, and M. McFawn):
    On February 2, 1998, the Illinois Environmental Protection Agency (Agency) filed a
    proposal to add a new Part 741 to the Board’s waste disposal regulations (35 Ill. Adm. Code
    Subtitle G). These proposed rules would establish procedures for the implementation of the
    proportionate share liability scheme established by Public Act 89-443, effective July 1, 1996.
    This amendatory legislation added a new liability section to Title XVII of the Environmental
    Protection Act (Act). Specifically, Section 58.9 of this legislation repealed joint and several
    liability in environmental actions and replaced it with proportionate share liability. In addition
    to establishing proportionate share liability, Section 58.9 also directed that the Board adopt
    rules implementing Section 58.9 by December 31, 1997. This statutory deadline was later
    extended until January 1, 1999. See Pub. Act 90-484, eff. August 17, 1997 (amended 415
    ILCS 5/58.9 (1996)).
    The Board finds that the proposal for rulemaking contains the information required by
    35 Ill. Adm. Code 102.121. Accordingly, the Board accepts this matter for hearing. See 35
    Ill. Adm. Code 102.160(b). As noted, the Board is statutorily required to adopt final rules
    and procedures for determining proportionate share liability by January 1, 1999. The last
    regularly scheduled Board meeting before this statutory deadline is December 17, 1998. The
    hearing officer assigned to this matter is directed to schedule hearings consistent with this
    statutory deadline and as required by Title VII of the Environmental Protection Act (415 ILCS
    5/26 through 29 (1996)).
    Finally, the Illinois Environmental Regulatory Group (IERG) filed a public comment
    (PC 3) on the same day the Agency filed its rulemaking proposal. In the public comment,
    IERG expresses concern that the Board will proceed to first notice on the Agency’s proposal
    before holding public hearings on the proposal. The Board is fully aware that there is
    substantial public interest concerning this rulemaking, and in order to ensure full public
    participation, the Board needs to hold hearings before proceeding to first notice. The Board
    therefore intends to hold public hearings prior to proceeding to first notice.
    IT IS SO ORDERED.
    2
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 5th day of February 1998, by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top