ILLINOIS POLLUTION CONTROL BOARD

January 9,

1992

IN THE

MATTER

OF:

PETITION OF THE CITY OF EAST

)

AS 91-9

NOLINE

AND

THE IEPA FOR ADJUSTED

)

STANDARD FROM 35 ILL. ADM. CODE

)

304

ORDER OF THE BOARD

(by B. Forcade):

This petition for adjusted standard is one of four recently

filed pursuant to Sections 28.3 and 28.1 of the Act and Subpart G

of 35 Ill.

Adni Code Part 106

‘.

Section 28.3 establishes

additional procedures for public water supplies which utilize the

Mississippi or Ohio Rivers as its raw water source, which do not

use lime softening in the water purification process,

and which

directly discharge waste solids from clarifier sludge and filter

backwash in the water purification process.

Section 28.3 differs

from Section 28.1 in significant part in that it a) establishes a

120—day Board decision period

(Section 28.1 has none)

and b)

makes a public hearing on the petition mandatory

(Section 28.1

requires a hearing only upon request).

As procedures governing these cases are hybrid in nature,

at

the outset the Board wishes to note that today’s Order accepts

the case for hearing, but does not rule on whether the petition

satisfies the informational and other procedural filing

requirements of Sections

28.3, 28.1 and Part 106.

The Board is

continuing to review this complex petition, and may issue an

Order requiring the filing of an amended petition at its January

23,

1992 meeting.

As in other cases which have decision

deadlines,

the Board construes the filing of an amended petition

as restarting its decision timeclock.

This matter is accepted

for hearing.

Hearing must be scheduled within 14 days of the date of this

Order and completed within 60 days of the date of this Order.

The hearing officer shall inform the Clerk of the Board of the

time and location of the hearing at least 40 days in advance of

hearing so that public notice of hearing may be published.

After

hearing, the hearing officer shall submit an exhibit list and all

actual exhibits to the Board within

5 days of the hearing.

Any

briefing schedule shall provide for final filings as

expeditiously as possible and in no event later than 70 days from

the date of this Order.

1

The four petitions are AS 91-9,

filed by the City of

East Moline and IEPA, AS 91—11

& AS 91—12,

each filed by the

Illinois American Water Co., and AS 91—13,

filed by the City of

Rock Island.

12

9—133

---

2

If after appropriate consultation with the parties, the

parties fail to provide an acceptable hearing date or

if after an

attempt the hearing officer is unable to consult with the

parties, the hearing officer shall unilaterally set a hearing

date in conformance with the schedule above.

This schedule will

only provide the Board a very short time period to deliberate and

reach a decision before the due date.

The hearing officer and

the parties are encouraged to expedite this proceeding as much as

possible.

Within 10 days of accepting this case, the Hearing Officer

shall enter a Hearing Officer Scheduling Order governing

completion of the record.

That Order shall set a date certain

for each aspect of the case including:

briefing schedule,

hearing date(s),

completion of discovery (if necessary)

and pre-

hearing conference

(if necessary).

The Hearing Officer

Scheduling Order may be modified by entry of

a complete new

scheduling order conforming with the time requirements below.

The hearing officer may extend this schedule only on

a

waiver of the decision deadline by the petitioner and only for

the equivalent or fewer number of days that the decision deadline

is waived.

Such waivers must be provided in writing to the Clerk

of the Board.

Any waiver must be an “open waiver” or a waiver of

decision until a date certain.

Any waiver shall extend the time

deadline of Section 104.180 regarding filing the Agency

recommendation by the equivalent number of days, but in any

circumstance the recommendation must be filed at least 20 days

before the hearing.

Because of requirements regarding the publication of notice

of hearing, no scheduled hearing may be cancelled unless the

petitioner provides an open waiver or

a waiver to a date at least

120 days beyond the date of the motion to cancel hearing.

This

should allow ample time for the Board to republish notice of

hearing and receive transcripts from the hearing before the due

date.

Any order by the hearing officer granting cancellation of

hearing shall include a complete new scheduling order with a new

hearing date at least 40 days in the future and at least

30 days

prior to the new due date and the Clerk of the Board shall be

promptly informed of the new schedule.

Because this proceeding is the type for which the Illinois

Environmental Protection Act sets a very short statutory deadline

for making a decision, absent a waiver, the Board will grant

extensions or modifications only in unusual circumstances.

Any

such motion must set forth an alternative schedule for notice,

hearing, and final submissions,

as well as the deadline for

decision, including response time to such a motion.

However,

no

such motion shall negate the obligation of the hearing officer to

establish a Scheduling Order pursuant to the requirements of this

Order,

and to adhere to that Order until modified.

129—134

---

3

This Order will not be published in the Board’s Opinion

Volumes.

IT IS SO ORDERED.

I, Dorothy M.

Gum-i,

Clerk of the Illinois Pollution Control

Board, hereby cer

that the above Order was adopted on the

T~-

day of

__________________,

1992, by a vote of

_______

~

/J~~

Dorothy N.,9(lnn, Clerk

Illinois ~~1lution Control Board

129—135