Rockford Sand and Gravel, Inc
.
Sand, gravel
and limestone
production
5290 Nimti
Road
Loves Park
Illinois 61111
P0. Box 2071
Loves Park
11linois 61130
Dorothy Gunn, Clerk
Illinois Pollution Control Board
100 W. Randolph, Suite 11-500
Chicago, IL 60601
In the Matter of: Clean Construction or Demolition Debris Fill Operations under PA 94-272
(35 111. Adm. Code 1100)/ Docket R2006-019
Dear Ms. Gunn :
The following comments are being submitted by Rockford Sand and Gravel . Rockford Sand and Gravel
is a member of the Illinois Association of Aggregate Producers and has participated in the IAAP Clean
Fill Work Group
.
Our comments are in addition to those submitted by the IAAP on behalf of its
members. As a general comment, we recognize the extensive effort that the Agency has made to work
with the regulated community to develop regulations within the time-frame contemplated by P .A. 94-272 .
The process of crafting regulations that can be applied in the real world was made particularly difficult
because the act itself contains so many internal inconsistencies and ambiguities
.
Comment I
Section 1100.101(b)(3) of the proposed rules, following Section 22 .51(b)(4)(B) of the Act,
provides that Part 1100 does not apply to "The use
of
CCDD asfill material in an excavation other than a
current or former quarry or mine
if [the]
use complies with Illinois Department
of
Transportation
specifications ."
We recommend that the Agency use this rulemaking to clarify the meaning of Section
22.5l(b)(4)(B) in two respects. First, it is unclear how or whether this exemption will apply to CCDD
used as fill material (in an excavation other than a quarry or mine) if the CCDD is generated in a project
undertaken by or on behalf of a governmental unit other than the Illinois Department of Transportation
.
Many highway and other similar civil construction projects are undertaken directly by villages,
cities, townships, counties, airports, and other governmental units using their own personnel and
equipment. In these cases, the governmental unit may or may not have adopted the IDOT specifications
in a formal sense . They also may or may not conduct their CCDD fill practices in a manner that is
substantially in conformity with the IDOT specifications . Under the proposed Section 1100.101(b)(3), it
is unclear whether the exemption will apply to these activities and what steps the governmental unit needs
to follow to ensure that its activities are exempt
.
A William Charles Company
RECEIVED
CLERK'S OFFICE
DEC 1 9 2305
STATE OF ILLINOIS
Pollution Control Board
December 12, 2005
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Many other civil construction projects are conducted for non-IDOT governmental units under
815.654.4720
contracts with private firms .
In these cases, the governmental unit has an opportunity to state in its
Fax815.654413~c
ontracts that any off-site CCDD fill activities are to be conducted substantially in accordance with the
COT
specifications for off-site fill
.
We recommend that the proposed Section 1100.101(b)(3) be revised to provide that if a unit of
government or a private firm acting under a contract with a unit of government uses CCDD as fill in an
excavation other than a current or former quarry or mine and the use is in substantial compliance with the
IDOT specifications, then that use is not subject to Part 1100 . In this regard, we believe that the term
"substantial compliance" will allow for minor variations in, for example, the type of form used to verify
the property owner's permission for the use of a site for the placement of fill
.
Second, we recommend that the regulations include a Board Note that would identify the current
IDOT specifications with which the use of CCDD would have to comply and include a statement
clarifying that the exemption is based on the MOT specifications in effect at the time that the fill activity
occurs .
Comment II
Section 1100.103 includes a provision which states,
"Clean construction or demolition debris
does not include uncontaminated soil generated during construction
.
. .provided the uncontaminated soil
is not commingled with any clean construction or demolition debris or other waste . "
This language is
taken directly from Section 3 .160 of the Illinois Environmental Protection Act
.
We recommend that this definition be revised to read as follows
:
"Clean construction or
demolition debris does not include uncontaminated soil generated during
construction .
.. provided the
uncontaminated soil is not commingled with any clean construction
or demolition debris
other than
uncontaminated soil
or
with any
other waste. "
I realize that the existing language of this definition is a direct quote from Section 3 .160 of the
Act. Nonetheless, the added language would clarify the definition by eliminating an obviously circular
description
.
We also recommend that the concept of "commingled" material be clarified . For example, it is
not clear whether the acceptance of uncontaminated soil at a site which had accepted other CCDD prior to
2005 be subject to the regulations
.
It is also unclear whether the acceptance of uncontaminated soil at a
site which also had accepted or was currently accepting CCDD used in compliance with MOT
specifications would be subject to the regulations
.
We also agree with the recommendation of the IAAP that the Agency work with the regulated
community to refine the definition of "uncontaminated soil ." In this regard, in addition to the uncertain
meaning of the term "uncontaminated," the term "soil" is not now being interpreted in a uniform manner
.
For example, some site owners in our area take the position that the term "soil" does not include earthen
material that includes crushed rock or is predominantly gravel or sand . Because of the geology in our
area, an excavation of natural material will frequently include limestone that is broken or crushed in the
course of excavation or in preparation for transport . It does not make any practical sense to consider
naturally occurring "bank run" sand and gravel or crushed limestone differently than topsoil
.
Nonetheless, in the absence of clarifying regulations, that is exactly the position that is now being taken .
Comment III
The first sentence of Section 1100 .204(g) requires that the facility
"be designed, constructed, and
maintained to minimize the level of equipment noise outside
the site. "
This requirement imposes a
responsibility on the operator that is more severe than the IPCB noise regulations . It is also virtually
impossible for the operator to know with any confidence that its operation is in compliance with these
regulations . We recommend that the first sentence of Section 1100 .204(g) be deleted .
Cc :
Docket R2006-19 Service List
IDNR, Office of Legal Counsel
IEPA Division of Legal Counsel
Comment IV
The regulations apply to the use of CCDD as fill in a current or former quarry or mine or other
excavation . Recycled pavement (asphalt or concrete) is CCDD, and is frequently used for such purposes
as road base material, a base material in parking lots, a subgrade material in highway embankments, and
similar activities. In some cases the material is used directly as it is generated ; in others it is stockpiled
and used at a later date. Each such use would typically involve placing the recycled pavement in an area
that had been excavated. Under the regulations and PA 94-272, if this activity constitutes the use of
CCDD as "fill," this activity would be subject to interim authorization, permitting, and CCDD operating
standards unless the recycled pavement is placed back within the same site as that from which it was
generated .
Requiring that this use of recycled pavement material be regulated in the same manner as a
CCDD disposal site will limit the recycling or reclamation of pavement material . We recommend that the
definition of "Filled area" in Section 1100 .103 be expanded to exclude the use of recycled pavement
materials such as asphalt millings or crushed concrete as a subgrade or base in highway, parking lot, or
utility construction if the use is in compliance with the specifications of the unit of government
responsible for the improvement or, if the improvements are not constructed under contract with a
governmental unit, if the use is in substantial compliance with the IDOT specifications
.
Respectfully submitted,
Rockfo d Sand
By :
John Ho
s rom
Vice President
