ILLINOIS POLLUTION CONTROL BOARD

November

2,

1989

IN THE MATTER OF:

IDENR SPECIAL WASTE

)

R89-13

(A)

CATEGORIZATION STUDY

)

(Rulemaking)

ORDER OF THE BOARD

(by J. Anderson):

This matter comes before the Board on the Motion to

Substitute Comments Instanter

filed October

18,

1989,

by the

Illinois Steel Group

(ISG).

The ISG originally filed

its post—

hearina comments

in this

regulatory docket on October

10,

1989,

three days before the expiration

of the minimum First Notice

comment period

(P.C.

#10).

On October

12,

1989,

the ISG filed

“Corrected Comments’

(P.C.

#14).

The proffered substitute

comments are evidently intended to replace both previous filings.

Normally,

in view of

the extremely tight time lines imposed

by the statutory deadline of December

1,

1989, the Board would

be

inclined not

to accept a rather tardy body of comments,

whether

offered as

a “substitute”

or as an original filing.

It should be

noted

that the Hearing Officer

requested comments be filed well

in advance of the date that the ISG’s original comments were

received.

Nevertheless,

the motion

in this instance will be

granted;

since the Board’s order

of October

18,

1989,

extended

the period for comment

to October

27,

1989,

to accommodate review

and comment on the Board’s proposed revisions

to the original

proposal,

it would appear

that acceptance

of the substitution

will not prejudice any participant or engender needless delay.

However,

the Board will not attempt

to recover and

to return

or destroy all copies

of the prior ISG filings,

as ISG

requests.

Aside from the obvious difficulty

of

tracking down

copies of documents of public

record,

we do not believe

it

is

appropriate

to remove documents already submitted and read.

However,

hereafter the Board will weigh only ISG’s latest

submittal

as

its public

comment

in

this

proceeding.

The

Clerk

shall record the ISG comments received on October

18,

1989,

on

the docket sheet

as

a new public comment and shall

indicate that

they are intended to supersede the ISG comments filed previously.

IT

IS

SO

ORDERED.

105-

1I~5

---

—2—

I,

Dorothy M. Gunn, Clerk

of the Illinois Pollution Control

Board, hereby certify that the above Order was adopted on

the

c~’~

day of

_______________,

1989 by a vote

of

____________

Illinois P~1.lutionControl Board

105