Illinois legislature directed Pollution Control Board to adopt rules for use of clean construction or demolition debris (CCDD) and uncontaminated soil (US) as fill material at clean construction or demolition debris fill operations. Rules promulgated by Board required stronger "front-end" testing and testing and certification requirements for CCDD and US but not a "back-end" groundwater monitoring requirement. The State and Will County failed to establish that Board's decision was arbitrary and capricious for failing to consider the hazards of older and noncompliant fill, and for relying on an improper factor when it considered whether CCDD and US are waste, and for failing to consider costs of groundwater monitoring. Board properly focused on evidence from CCDD and US fill sites. (KARMEIER, THOMAS, GARMAN, and NEVILLE, concurring; KILBRIDE, dissenting.)
Illinois Supreme Court
Civil Court
Environmental Law