2 :57
PM
DEC 07,2005 13 :48 John Henriksen
Illinois Association of
Aggregate Producers
John llcnrikscn, Excc
•u
live I)irector
Clencla Schacuing, Office Mau ager
Dorothy Gunn, Clerk
Illinois Pollution Control Board
100 W. Randolph. Suite 11-50(1
Chicago, 11, 60601
2172411641
217241 I€141
RECEIVED
CLERK'S OFFICE
DEC 0 7 2005
16STATE,OF,''iWNOIS
siROlKdieln.aontwk6oard
(217) 2.41-1139
Fax
(217) 241-1641
I iiulil: ia:lpi h ;uisoninl'osys.com
December 7, 2005
In the Matter of: Clean Construction or Demolition Debris Fill Operations eider PA 94-272
(35 Ill. Adm. Code 1100) / Docket 82006-019
Dear Ms. Gunn
:
The Ibilowing comments are being submitted by the Illinois Association of Aggregate Producers
(IAAP) .
(liven that a number of IAAP members currently accept clean construction or
demolition debris as fill, the IAAP formed a Clean Fill Work Group to collaborate with the II',PA
on the above-referenced ndemaking
.
Although the majority of our industry's concerns were
resolved during our work with the II?PA, the following comments are ol'lered to linther clarify
how this new regulatory program will he implemented
:
Section 1100.204 of the JEPA's proposed rules should be amended by adding the following
underlined language
:
Section 1100 204 Operating Standards
a) Placement of till material
Fill material must he placed in a safe manner that protects human health and the environment
in conformance with existinp reclamation plan requirements, zoning reuuircmcnts . local .
state and federal regulations,, or development plans
.
Rationale :
Inserting this additional language in subsection (a) provides standards by which the
IFPA may determine if fill material placement has occurred "in a safe manner that protects
human health and the environment", as mandated by Section 5-20 of the Illinois Administrative
Procedure Act (5 ILCS 100/5-20)
.
h) Fill Elevation
'The owner or operator must place fill no higher than the highest point of elevation existing
prior to the filling immediately adjacent to the fill area unless the Agency approves higher
elevations for site development or reclamation as outlined through the permitting process
.
Rationale: Inserting this additional language in subsection (h) recognizes that reclamation plans
or development plans approved by other agencies may call for fill to he placed at higher
elevations .
Ruv'I'he Goods And Services 01
. Our Associate \letubcrs
DEC 07,2005 13 :48 John Henriksen
2172411641
Section 1100.205 of the IEYA's proposed rules should be amended by adding the following
underlined language :
Section 1100.205 Load Checking
The owner or operator must institute and conduct a load checking program designed to detect
attempts to dispose of material other than CCDD or uncontaminated soil at the facility. At a
minimum, the load checking program must consist of the following components
:
a)
Routine Inspections
I) An inspector designated by the facility must inspect every load before its acceptance at
the facility utilizing: (i) an elevated structure. (ii) a designated ground level inspection area,
or (iii) an other acceptable method',
In addition to a visual inspection, the inspector must use
an instrument with a photo ionization detector utilizing a lamp of 10 .6 eV or greater or an
instrument with a flame ionization detector, or other monitoring devices approved by the
Agency, to inspect each load . Any reading above zero using any of these instruments must
result in the rejection of the inspected load
.
AtI instruments shall be calibrated utilizing
establishedbackground levels and interpreted based on the manufacturgr's,margin
.oferror .
In addition, any reading above zero on any monitoring device used by the Agency during an
Agency inspection must result in the rejection of the inspected load .
Rationale : The additional language inserted in subsection (a) (I) provides a facility operator
with specific guidance regarding safe, effective methods for performing routine inspections,
b)
Random Inspections
1) In addition to the inspections required under subsection (a) of this Section, an inspector
designated by the facility must conduct a discharge inspection of at least one randomly
selected load delivered to the facility each day. The driver of the randomly selected load
must be directed to discharge the load at a separate, designated location within the facility
.
The inspector must conduct an inspection of the discharged material that includes, but is not
limited to, additional visual inspection and additional instrument testing using the
instruments required under subsection (a)O) of this Section
.
All instrtuents shall be
calibrated utilizing established background levels and interpretedbased on the
manufacturer's margin of
crrgr. Any reading above zero using any of these instruments must
result in the rejection of the inspected load. In addition, any reading above zero on any
monitoring device used by the Agency during an Agency inspection must result in the
rejection of the inspected load
.
Rationale :
Background readings in existence at many sites may cause the devices being used
to screen loads to register above zero at all times . The additional language inserted above in
subsection (b), as well as in subsection (a), helps to ensure that the decision to reject a load of fill
material properly accounts for existing environmental conditions
.
1611
DEC 07,2005 13 :1 8
John lIenriksen
2172411641
tksen, Executive Director
linois Association of Aggregate Producers
JCH/gIs
Ce :
Docket 82006-19 Service List
IDNR, Office of Legal Counsel
g)
The owner or operator must ensure that all appropriate facility personnel are
properly trained in the identification of material that is not . CCDD or
uncontaminated soil
. Such training shall be in accordance with an Agency
training program developed
in
consultation with the aggregate mining industry,
Rationale : Although the aggregate mining industry will pay for and implement necessary
training programs, the additional language inserted in subsection (g) ensures that all personnel
working at clean construction . or demolition debris fill site receive consistent training
.
Section 1100.302
of
the IEPA's proposed rules should be amended by adding the following
underlined language :
Section 1100.302 Notification
Unless the facility was previously approved through state or local permitting, the applicant must
provide notification of the request for a permit to the State's Attorney and the Chairman of the
County Board of the county in which the facility is located, each member of the General
Assembly from legislative districts in which that facility is located, and the clerk of each
municipality located within three miles of the facility. Proof of providing the notifications
required under this Section must be included in the permit application
.
If the facility was
previously approved through state or local permitting,.. notification may he satisfied through
publication on the Agency's website
.
Rationale: The aggregates industry is not opposed to providing public notice of a potential fill
operation unless such notice has already been provided during prior state or local permitting
procedures for the site. Written notice to local government officials regarding a proposed clean
fill operation could potentially jeopardize zoning already obtained by active mines, operations
that routinely use clean fill for to reclaim land affected by mining operations . In essence, local
officials might oppose a proposed fill operation if such activities are perceived as "landfilling",
rather than "reclamation". It is important to note that IEPA/Bureau of Water permits issued to
aggregate producers provide public notice by publication on the IEPA website; IEPA/Bureau of
Air permits issued to aggregate producers do not routinely require any public notice.
The Illinois Association of Aggregate Producers requests that the Illinois Pollution Control
Board order the above-referenced rulemaking amended in accordance with these comments. In
addition, the IAAP requests that the Board order the above-referenced rulemaking amended to
direct the IEPA to consult with the aggregates industry and construction industry in order to
begin form ing a definition of "uncontaminated soil"
.
