IN THE MATTER OF :
CLEAN CONSTRUCTION OR DEMOLITION
DEBRIS FILL OPERATIONS
(35 ILL. ADM . CODE PART 1100)
TO:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 W . Randolph Street, Suite 11-500
Chicago, Illinois 60601
(OVERNIGHT VIA MAIL)
Amy Antoniolli, Hearing Officer
General Counsel
Illinois Pollution Control Board
Office of Legal Counsel
James R. Thompson Center
Illinois Department of Natural Resources
100 W. Randolph Street, Suite 11-500
One Natural Resources Way
Chicago, Illinois 60601
Springfield, Illinois 62702-1271
(OVERNIGHT VIA MAIL)
SEE ATTACHED SERVICE LIST
PLEASE TAKE NOTICE that I have filed with the Office of the Pollution
Control Board an ERRATA SHEET NUMBER
5 on behalf of the Illinois Environmental
Protection Agency, a copy of which is herewith served upon you .
Date: March 10, 2006
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
1021 North Grand Avenue East
P .O . Box 19276
Spring field, IL 62794-9276
217/782-5544
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
NOTICE
Matthew Dunn
Illinois Attorney General's Office
James R. Thompson Center
100 West Randolph Street, 12`h Floor
Chicago, Illinois 60601
B
R ECEIVED
MAR 1 4 2006
Pollut
o
n
OF
IMUIS
Board
R 06-19
(Rulemaking Land)
P
St- F anie Flowers
Assistant Counsel
Division of Legal Counsel
THIS FILING IS SUBMITTED ON
RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF
:
)
CLEAN CONSTRUCTION OR DEMOLITION )
R06-19
DEBRIS FILL OPERATIONS
)
(Rulemaking -Land)
(35 ILL
. ADM. CODE PART 1100)
)
RECEIVED ECEIVIED
MAR 1 4 2006
Pollution
STATE OF
Control
ILLINOIS
Board
ERRATA SHEET NUMBER 5
NOW COMES the Illinois Environmental Protection Agency ("Illinois EPA"), by and
through one of its attorneys, Stephanie Flowers, and submits this ERRATA SHEET NUMBER 5
to the Illinois Pollution Control Board ("Board") and the participants on the Service List .
In response to comments from the Board and the public at the March 1, 2006 hearing, the
Agency would like to propose the following changes to its proposal
.
Section 1100 .101(b)(3)
Based upon, the comments of the Board, the specific reference to "the definition of Engineer at
Article 101 .16" is deleted from the last sentence of the Board Note of (b)(3) .
b)
This Part does not apply to :
3)
The use ofCCDD as fill material in an excavation other than a current or
former quarry or mine if [the] use complies with Illinois Department of
Transportation specifications (Section 22 .5 1
(b)(4)(B)
of the Act) ;
Board Note: The Illinois Department of Transportation ("IDOT")
specifications applicable to the use of CCDD as fill can be found at
Articles 107.22 and 202 .03 of DOT's "Standard Specifications for Road
and Bridge Construction" . According to DOT specifications, this
exemption applies to DOT, a county, a municipality, or a township .
1
Section 1100 .201(b)
Based upon the comments of the Board, the underlined language below is added to 201(b) to
clarify materials accepted for use in fill operations . As a result of the added language, the Board
Note becomes unnecessary and is deleted.
(b)
CCDD fill operations must not accept material other than CCDD waste
for use as
fill .
Section 1100 .205
Based upon the comments of the Board, the following change is made to 1100
.205 to describe
material that is not accepted for use in fill operations .
The owner or operator must institute and conduct a load checking program designed to detect
attempts to dispose of
waste material other than CCDD
at the facility
. At a minimum, the load
checking program must consist of the following components :
Sections 1100 .205(a)(1) and(b)(1)
Based upon the comments of the Board, the language in the last sentence of 205(a)(1) and
(b)(1)
is changed from "reading of zero" to "reading of background levels" to be consistent with the
change in the prior sentence .
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)(1) of this
Section. All instruments shall be interpreted based on the manufacturer's
margin of error. Any reading above zer-a Any reading in excess of
background levels using any of these instruments must result in the
rejection of the inspected load
. In addition, any reading in excess of
abeve
zero background levels on any monitoring device used by the Agency
during an Agency inspection must result in the rejection of the inspected
load.
2
DATED :
3 - /O-
o
1021 North Grand Ave . East
P .O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
3
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By:
St-'f an'e Flowers
Assistant Counsel
Division of Legal Counsel
STATE OF ILLINOIS
COUNTY OF SANGAMON
PROOF OF SERVICE
I, the undersigned, on oath state that I have served the attached Errata Sheet Number 5
upon the person to whom it is directed, by placing it in an envelope addressed to
:
TO:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 W
. Randolph Street, Suite 11-500
Chicago, Illinois 60601
(OVERNIGHT VIA MAIL)
Amy Antoniolli, Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 W
. Randolph Street, Suite 11-500
Chicago, Illinois 60601
(OVERNIGHT VIA MAIL)
SEE ATTACHED SERVICE LIST
Matthew Dunn
Office of the Attorney General
James R. Thompson Center
100 West Randolph Street, 12`
h Floor
Chicago, Illinois 60601
General Counsel
Office of Legal Counsel
Illinois Department of Natural Resources
One Natural Resources Way
Springfield, Illinois 62702-1271
and mailing it by First Class Mail from Springfield, Illinois on March 10, 2006, with sufficient
postage affixed .
SUBSCRIBED AND SWORN TO BEFORE ME
this 10`h day of March, 2006
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CYNTHIA L. WOLFE
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THIS FILING IS SUBMITTED ON RECYCLED PAPER
Claire Manning
Brown Hay & Stephens LLP
700 First Mercantile Bank Building
205 South Fifth Street
P.O. Box 2459
Springfield, Illinois 62705-2459
John Henrickson
Illinois Association of Aggregate Producers
1115 S Second Street
Springfield, Illinois 62704
Virginia Young
Illinois Department of Natural Resources
One Natural Resources Way
Springfield, Illinois 62702
SERVICE LIST R 06-19
Steven Gobelman
Geologic/Waste Assesment
IDOT
2300 S Dirksen Parkway
Springfield, Illinois 62764
Tiffany Chappell
121 N
. LaSalle Street
City Hall - Room 406
Chicago, Illinois 60602
