ILLINOIS POLLUTION CONTROL BOARD

May

7,

1992

IN THE MATTER OF:

)

)

AMENDMENTS TO 35 ILL. ADM.

)

R90-8

CODE 105.102; REPEAL OF

)

(Rulemaking)

DE NOVO HEARINGS FOR APPEALS

)

OF NPDES PERMITS

)

OPINION AND ORDER OF THE BOARD

(by M. Nardulli):

On February 8,

1990, the Board proposed for first notice an

amendment to 35 Ill.

Adm. Code 105.102(b) (8) which provides for

de novo hearings on disputed issues of fact in NPDES permit

appeals.

The Board’s intent in proposing this amendment was to

correct discrepancies between the Board’s interpretation of the

“de novo regulation” and the appellate court’s interpretation of

the regulation.

A hearing was held on May 16,

1990 in Chicago,

Illinois and numerous public comments were received.

The Board’s review of the transcripts and comments leads it

to conclude that the scope of its proposed amendment is not as

limited as initially thought (In the Matter of: Amendments to 35

Ill.

Adm. Code 105.102; Repeal of De Novo HearinQs for NPDES

Permits

(February 8,

1990),

R90-8 at 2)

and that any amendment to

the “de novo regulation” would best be addressed in the context

of a review of the Part 105 permit procedural rules as a whole.’

It is also possbile that some of the problems the

instant

proceeding was intended to address may best be remedied by

legislative action.

Therefore,

the Board dismisses this

rulemaking and closes this docket.

ORDER

For the foregoing reasons, the instant proceeding is

dismissed and this docket is hereby closed.

IT IS SO ORDERED.

B.

Forcade dissents.

I,

Dorothy M.

Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certify that the above opinion and order was

adopted on the

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day of

________________

,

.~92 by a vote

of

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1~orothyM,-/Gunn, Clerk

Illinois Pollution Control Board

The Board may incorporate the instant record into any

new docket opened for the purpose of reviewing the

permit procedural rules.

I

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