IN THE MATTER OF:
ILLINOIS POLLUTION CONTROL BOARD
August 27, 2008
RECISIVIDcLEFLICS
OFFI
AUG 2 7 2008
STATE OF ILLIVISA
Pollution Control ',Wu
WATER QUALITY STANDARDS AND
EFFLUENT LIMITATIONS FOR THE
CHICAGO AREA WATERWAY SYSTEM
AND LOWER DES PLAINES RIVER
PROPOSED AMENDMENTS TO 35 ILL.
ADM. CODE 301, 302, 303, and 304
R08-9
(Rulemaking - Water)
HEARING OFFICER ORDER
On Tuesday, August 26, 2008, a prehearing conference was held pursuant to 35 III. Adm.
Code 102.404. At that conference, additional hearing dates of September 23, 24, and 25 were
added to the schedule. Those dates had been previously reserved and given the amount of both
prefiled testimony and prefiled questions, the additional dates will be required. The hearing on
September 23 and 25, 2008, will start at 9:00 a.m. and be held in:
Room 9-040
100 W. Randolph
James R. Thompson Building
Chicago, IL
The hearing on September 24, 2008, will be held in:
Room 2-025
100 W. Randolph
James R. Thompson Building
Chicago, IL
Possible future hearing dates in October, November and December were discussed and specific
dates, times and places will be announced later.
The participants discussed how best to organize the hearings. The following order was
decided upon beginning on September 8, 2008. In general the hearing will begin with the
Chicago Area Waterways System (CAWS) and then the Lower Des Plaines River. The hearing
will start with the prefiled testimony of the Metropolitan Water Reclamation District of Greater
Chicago (the District). The District will first present testimony on recreational uses and then
aquatic life testimony. Prefiled questions for the District will begin with the Natural Resources
Defense Council (NRDC) followed by the Illinois Environmental Protection Agency (IEPA),
then the People of the State of Illinois (People), Openlands, and the Environmental Law and
Policy Center (ELPC). After completion of the District's testimony, we will proceed to prefiled
testimony from industry related to the CAWS, beginning with Corn Products and then CITGO.
2
Prefiled questions for that testimony will begin with IEPA, then the District, and Midwest
Generation LLC (Midwest Gen).
The Board will next hear prefiled testimony from the Environmental Groups concerning
CAWS beginning with Victor Crivello and Alan Mammoser and the prefiled questions by IEPA,
the District and Midwest Gen. Next the NRDC witnesses will present their testimony followed
by questions from IEPA, the District and Midwest Gen. Finally the prefiled testimony from
ELPC will be presented and the prefiled questions by IEPA, the District and Midwest Gen.
After the Environmental Groups, the prefiled testimony by the People will be heard along
with the prefiled questions of the IEPA and the District.
After completion of the CAWS testimony, the testimony concerning the Lower Des
Plaines waterway will begin with the prefiled testimony of Stepan Company and any prefiled
questions. Then ExxonMobil and any prefiled questions will follow. Midwest Gen will then
present its prefiled testimony and the prefiled questions of Stepan Company and ELPC will be
heard.
Also at the prehearing conference, the hearing officer extended the time for prefiling of
questions for Midwest Gen's remaining witnesses to September 29, 2008, and allowed the IEPA
to file all its questions for Midwest Gen on September 29,2008.
All filings in this proceeding will be available on the Board's web page at
www.ipcb.state.il.us and participants may file electronically on the Board's web page.
IT IS SO ORDERED.
E. Tipsord
Hearing Officer
Illinois Pollution Control Board
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
(312) 814-4925
tipsormg)ipcb.statc.il.us