uncontaminated soil

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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

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

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?