ORIGINAL
RECEeVED
ILLINOIS POLLUTION CONTROL BOARD
CLERK'S OFFICE
February 9, 2006
FEB 1 0 2006
STATE OF ILLINOIS
IN
THE MATTER OF
:
)
Pollution Control Board
PROPOSED AMENDMENTS TO TIERED
)
R06-10
APPROACH TO CORRECTIVE ACTION
)
(Rulemaking - Land)
OBJECTIVES (35 ILL. ADM. CODE 742)
)
HEARING OFFICER ORDER
On September 30, 2005, the Board received a rulemaking proposal from the Illinois
Environmental Protection Agency (Agency) to amend the Tiered Approach to Corrective Action
Objectives (TACO). The TACO rules are at 35 Ill. Adm. Code 742. On October 20, 2005, the
Board accepted the Agency's proposal for hearing. The first hearing in this rulemaking was held
on January 31, 2006, in Chicago . As previously noticed, the second hearing is scheduled for
March 1, 2006, in Springfield .
At the first hearing, the hearing officer established a February 22, 2006 deadline to prefile
testimony for the second hearing. Accordingly, any person who wishes to testify at the second
hearing must prefile his or her testimony and any related exhibits with the Clerk of the Board no
later than February 22, 2006
. See 35 Ill. Adm. Code 102.424. As the hearing officer specified,
the "mailbox rule" (35 Ill. Adm. Code 101 .300(b)(2)) does not apply to this filing-therefore, the
Clerk must
receive
the prefiled testimony by February 22,2006. Those who prefile must be
prepared to provide oral summaries of their prefiled testimony at the second hearing . Others who
did not prefile may testify at the second hearing only as time permits and at the discretion of the
hearing officer .
Prefiled testimony may be filed through the Clerk's Office On-Line (COOL) on the
Board's Web site atwww.ipcb.state.iLus . Any questions about electronic filing through COOL
should be directed to the Clerk's Office at (312) 814-3629 . Prefiled testimony filed with the
Clerk must also be served on the hearing officer and on those persons on the Service List . The
Service List for this rulemaking docket, R06-10, is available on COOL. Before filing with the
Clerk, however, please check with Sandy Wiley at (312) 814-3623 or wileys(ulipcb.state . il.us or
the hearing officer to ensure that you have the most recent version of the Service List
.
IT IS SO ORDERED
.
Richard R. McG
r.
Hearing Officer
Illinois Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
(312) 814-6983 or mcgillr(a:.ipcb.state .i 1 .us
