RECEIVED
    ILLINOIS POLLUTION CONTROL BOARD
    CLERK’S OFFICE
    June3, 2005
    JUN
    113
    2005
    IN THE
    MATTER OF:
    )
    STATE OF ILLINOIS
    )
    Pollution Control Board
    PROPOSED AMENDMENTS TO
    )
    R04-25
    DISSOLVED OXYGEN STANDARD
    35
    ILL.)
    (Rulemaking
    -
    Water)
    ADM. CODE 302.206
    )
    NOTICE OF HEARING
    DATE, TIME, PLACE:
    THIRD HEARING:
    THURSDAY, AUGUST
    25,
    2005,
    10:30 a.m.
    Michael A. Bilandic Building
    160 North LaSalle, 5th Floor
    Room N505
    Chicago, Illinois
    PURPOSE
    OF HEARING:
    Merit and economic
    ATTENDING BOARD
    MEMBER:
    Andrea S. Moore
    HEARING OFFICER:
    Richard R. McGill, Jr.
    In compliance with the Americans With
    Disabilities Act and other applicable federal and Statelaws, the hearings will be accessible to
    individuals with disabilities.
    Persons requiring auxiliary aids should contact Dorothy Gunn, Clerk of the Board, 100 West Randolph Sti~eet,
    Suite 11-500, Chicago, Illinois
    60601, at telephone number (312) 814-3669, or TDD number (312) 814-6032, at least five days before the
    particular hearing.
    2
    HEARING
    OFFICER ORDER
    On April
    19, 2004, the Board received a rulemakingproposal from the Illinois
    Association ofWastewater Agencies (IAWA).
    JAWA seeks to amend the Board’s rule
    establishinggeñeràl use water quality standards for dissolved oxygen
    (35
    Ill.
    Adm. Code
    302.206).
    In a May 6, 2004 order, the Board accepted the proposal forhearing.
    The Board held
    the first hearing on June 29,
    2004, in Chicago, and the second hearing on August
    12, 2004, in
    Springfield.
    At the conclusion ofthe second hearing, the participants asked the hearing officer to
    conduct a status conference call in one month, rather than proceed to schedule a third hearing at
    that time.
    The participants would use the status conference call
    solelyto report on theirreadiness
    for a third hearing.
    As requested and after providing notic; the hearing officer, on September
    13, 2004, conducted the status conference call, in which anyone could participate.
    As requested
    by the participants, the hearing officer continued to conduct status conference calls in the same
    manner on a monthly basis, through December 2004.
    During the December 2004 status conference call, the participants asked that the hearing
    officer require IAWA to file a written status report in one month, rather than conduct another
    status conference call, to learn whether the participants were ready for a third hearing.
    Accordingly, JAWA filed a status report in January 2005, and as requestedby IAWA, the hearing
    officer continued to require monthly status reports, which IAWA filed through May 2005.
    In its
    May 31, 2005 status report, JAWA states that based on discussions at a May 4, 2005 stakeholder
    meeting, “it was generally agreed that we should attempt to schedule a third hearing.”
    Status
    Report at 1.
    IAWA asks the hearing officerto schedule a third hearing “so that this matter can
    move forward” and suggests several August 2005 dates forthe hearing.
    Id.
    at 1-2.
    As noted above, and consistent with the requestin IAWA’s last status report, the third
    hearing in this rulemaking is scheduled for August
    25,
    2005, in Chicago, beginning at 10:30 a.m.
    The purpose ofthe hearing is to allow the Board to receive testimony from the Illinois
    Environmental Protection Agency, the Illinois Department ofNatural Resources, IAWA, and
    other interested participants on the merits
    and economic impact ofthe rulemakingproposal.
    At
    hearing, all persons who testify will be sworn and subject to questioning.
    Those who wish to testify at the thirdhearing must prefile theirtestimony and any related
    exhibits with the Board no later than August 4,
    2005.
    See
    35 Ill. Adm. Code
    102.424.
    The
    “mailbox rule”
    (35
    Ill. Adm.
    Code 101.300(b)(2)) does not apply to this filing—therefore, the
    Clerk ofthe Board must
    receive
    the prefiled testimony by August 4, 2005.
    Those who prefile
    must be prepared to provide oral summaries oftheir prefiled testimony at hearing.
    Others who
    did not prefile may testify at the third hearing only as time permits and
    at the discretion ofthe
    Hearing Officer.
    IAWA’s proposal
    and other filings in this rulemaking, including the transcripts ofthe first
    two hearings, maybe obtained on the Board’s Web Site through the Clerk’s Office On-Line
    (COOL) at www.ipcb.state.il.us.
    Please note that
    as part ofthe Board’s voluntary electronic
    3
    filing pilot project, prefiled testimony maybe filed through the Board’s COOL.
    Any questions
    about electronic filing through COOL should be directed to the Clerk’s Office at (312) 814-3629.
    Prefiled testimony filed with the Board must also be served on the hearing officer and oh
    those persons on the Service List.
    Before filing with the Clerk, please check with Sandy Wiley at
    (312) 814-3623 or wileys~~ipcb.state.i1.us
    or the hearing officer to ensure that you have the most
    recent version ofthe Service List.
    IT IS
    SO ORDERED.
    Richard R. McGill, Jr.
    Hearing Officer, Illinois Pollution ControlBoard
    100 West Randolph Street, Suite 11-500
    Chicago, illinois
    60601
    (312) 814-6983
    mcgillr~ipcb.state.il.us

    Back to top