CCDD

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By Andrew H. Perellis, Jeryl L. Olson, Patrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis: The Illinois Supreme Court recently affirmed that the Illinois Pollution Control Board’s clean construction or demolition debris (CCDD) rules were not arbitrary and capricious. County of Will v. Pollution Control Board, Docket Nos. 122798 and 122813 (June 20, 2019).…
Continue Reading Illinois Supreme Court Affirms Pollution Control Board’s Clean Construction or Demolition Debris Rules, and Articulates Guidelines for Determining if Agency Action is Arbitrary or Capricious

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