By Philip L. Comella
Ending, for the time being, a fiercely contested rulemaking in which even the Chicago Tribune’s editorial board weighed in, the Illinois Pollution Control Board on August 23, 2012 issued its Final Rule changing the standards for Clean Construction or Demolition Debris (CCDD) Fill Operations. The heart of the controversy in this rulemaking was whether the Board…
Continue Reading No Groundwater Monitoring for Clean Construction and Soil Fill Operations
By Philip L. Comella
Rulemaking procedures underway before the Illinois Pollution Control Board’s (Board) in the First Notice of proposed amendments to Clean Construction or Demolition Debris (CCDD) Fill Operations (35 Ill.Adm.Code 1100) show that battle lines have been drawn over how CCDD will be regulated in the State of Illinois. One of the key battles taking shape now is…
Continue Reading Battle Lines Drawn in Clean Construction and Demolition Debris Rulemaking
By Philip L. Comella
On February 2, 2012, the Illinois Pollution Control Board (PCB) issued its First Notice of a Proposed Rule (FNPR) affecting the management and disposal of Clean Construction or Demolition Debris (CCDD), and “uncontaminated” soil. Significantly, the PCB’s proposal eliminates provisions previously proposed by the Illinois Environmental Protection Agency (IEPA) requiring groundwater monitoring for fill operations accepting…
Continue Reading New Illinois Proposed Rule Eliminates Groundwater Monitoring Requirement for Clean Construction and Uncontaminated Soil Fill Operations
By Philip L. Comella
In July 2010, the Illinois General Assembly enacted amendments to the Illinois Environmental Protection Act that increase the regulation of Clean Construction and Demolition facilities and also create a new form of regulated facility known as an “Uncontaminated Soil Fill Operation.” The legislation set forth a two-tiered rulemaking process: The IEPA was first to propose rules…
Continue Reading Illinois EPA Sends CCDD Proposal to Pollution Control Board
On July 30, 2010, the Illinois General Assembly signed into law Public Act 96-1416, which imposes additional technical and operational requirements upon Clean Construction and Demolition Debris fill operations.http://www.ilga.gov/legislation/fulltext.asp?GAID=10&SessionID=76&GA=96&DocTypeID=SB&DocNum=3721&LegID=&SpecSess=&Session= Among other things, this new law requires the Illinois EPA to propose new regulations implementing the statutory directives by July 30, 2011 and then for the Illinois Pollution Control Board (“IPCB”) to adopt final rules by July 30, 2012, setting up two rounds of public comments…
Continue Reading Should Uncontaminated Soil Fill Operations be Subject to Groundwater Monitoring?
