ILLINOIS POLLUTION CONTROL BOARD
November 29,
1990
IN THE MATTER OF:
)
)
CORRECTION TO
)
R90-l6
35 ILL.ADM.CODE 102.162
)
(Rulemaking)
ADOPTED RULE.
FINAL ORDER.
OPINION AND ORDER OF THE BOARD
(by J. Theodore Meyer):
This matter is before the Board on its own motion.
On May 10,
1990,
the Board adopted
a final Opinion and Order
in Procedural
Rules Revision 35
Ill..Adin.Code 102 and 106 (Subparts D,
E, and F),
R88-5(B).
That rulemaking adopted new procedural rules governing
regulatory proceedings.
The rules were filed with the Secretary
of
State
(and thus became effective)
on May
24,
1990.
The rules
were then published
in the Illinois Register
on June 8,
1990,
at
14
I1l.Reg.
9210.
The
Board
subsequently
discovered
that
because
of
an
administrative error,
Section 102.162 “Notice of Hearing” was not
included
in
the
filing
with
the
Secretary
of
State.
(Section
102.162
was,
however,
included
in
the
Illinois
Register
publication.
See
14
I11.Reg.
9226.)
In order
to
correct this
error, the Board must proceed through regular rulemaking procedures
established by the Administrative Procedure Act
(APA),
Ill.
Rev.
Stat.
1989,
ch.
127,
par.
1001
et
seq.
(See
1
Ill.
Adm.
Code
240(d).)
Therefore,
on July 3,
1990,
the Board opened this docket
for the sole purpose of filing Section 102.162 “Notice of Hearing”,
as adopted in R88-5(B), with the Secretary of State.
The proposed
rule was published in the Illinois Register on July 20,
1990,
at
14
Ill. Reg.
11666.
The
Board
received
only
two public
comments
during
first
notice.
The Department of Commerce and Community Affairs stated
that this proposed rule will have no effect on small businesses.
(P.C.
#1.)
The
Administrative
Code
Unit
noted
one
clerical
correction which must be
made in the filing of the rule;
the Board
will make that correction.
(P.C. #2.)
On September
13,
1990,
the
Board
adopted
a
second
notice
order,
and the proposed rule was
submitted to the Joint Committee on Administrative Rules
(JCAR).
On November 20, 1990,
JCAR filed its Certification of No Objection.
There have been no changes made to the rule during second notice,
and the rule adopted today
is
substantively unchanged
from that
proposed for first notice on July
3,
1990.
116—359
2
ORDER
The Board hereby adopts, as final, the following amendment to
be filed with the Secretary of State:
TITLE
35:
ENVIRONMENTAL PROTECTION
SUBTITLE A:
GENERAL PROVISIONS
CHAPTER
I:
POLLUTION
CONTROL
BOARD
PART
102
REGULATORY
AND
INFORMATIONAL
HEARINGS
AND
PROCEEDINGS
Section
102.162
Notice
Of
Hearing
a)
The
hearing
officer
will
set
a
time
and
place
for
hearing.
The
Clerk
shall
give
notice
of
the
date
of
the
hearing
as
follows:
1)
By notice
in
the
Board’s
Environmental
Register~
and
2)
At
least
20
days
prior
to
the
hearing
date,
by
public
advertisement
in
a
newspaper
of
general
circulation
in
the
county
in
which
the
hearing
is
to
be
held.
Where
required
by
federal
law,
including
but
not
limited
to
air
pollution
and
RCRA
proposals,
newspaper
notice
shall
be
published
at
least
30
days
prior
to
the
hearing
date.
b)
The
hearing
officer
will
give
notice
by
mail
to
the
proponent and to all persons who have submitted their
names and addresses to the Clerk concerning the proposal.
c)
Hearings which are continued on the hearing record
for
a period of
45 days or less do not require notice that
complies with subsections
(a) and
(b).
(Source:
Added
at
14
Ill.
Reg.
____________,
effective
IT IS SO ORDERED.
116—360
3
I,
Dorothy
M.
Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the above Opinion and Order was adopted
on
the
~‘9i~~~ day
of
________________,
1990,
by
a
vote
of
7-o.
Dorothy N. ,9~.1nn, Cl~k
Illinois P~klutionControl Board
I
1
6—361