ILLINOIS POLLUTION CONTROL BOARD
July 13,
1988
IN THE MATTER OF:
)
A PETITION FOR SITE SPECIFIC
)
R87—21
EXCEPTION TO EFFLUENT STANDARDS
FOR THE GREATER PEORIA SANITARY
)
AND SEWAGE DISPOSAL DISTRICT
)
ORDER OF THE BOARD
(by
R.
C.
Flemal):
On June 9,
1988
the Illinois Environmental Protection Agency
(“Agency”)
filed a motion to file its response to comments
instanter.
The response period
for comments set by hearing
officer order expired on May
31,
1988.
In support of
its motion,
the Agency states that
its attorney was participating
in another
proceeding before
the Board,
and that
its normal operations were
hindered
by the remodeling of Agency offices during May
19
—
31,
1988.
The Board grants the Agency’s June
9,
1988 motion and
accepts the Agency’s
response to comments, which will be docketed
as public comment.
On June 22,
1988 the Agency also filed
a request for leave
to file a letter dated June 14,
1988 from Charles
H.
Sutfin of
the United States Environmental Protection Agency,
Region
5
(“USEPA”).
In support of its motion, the Agency states that the
letter contains the comments of USEPA concerning
the Greater
Peoria Sanitary and Sewage Disposal District’s
(“District”)
proposal and is relevant
to the issue of consistency with federal
law.
The Agency further requests that this letter be entered
into the record as
an exhibit.
On June 30,
1988,
the District filed
a response to the
Agency’s motion
to file
in which
it objects
to the “introduction
of
this letter
as an exhibit unless Mr. Sutfin or any persons who
produced that letter
are made available at hearing and subject
to
cross—examination”.
The Board declines
to enter
the USEPA letter into the record
as an exhibit.
However, the Board does grant the Agency’s June
22, 1988 motion to the extent that it accepts the USEPA letter
into the record as public comment, with the understanding that
the letter will be given the weight properly accorded public
comment.
The (JSEPA letter
itself highlights
a threshold issue
in this
proceeding,
that being the question of whether the proposal is
compatible with federal
law.
Although the Board
at this time
believes that an additional hearing on this issue
is unnecessary,
the Board would like to afford
the proponent and interested
91—43
participants opportunity to fully comment on this issue.
Therefore,
any additional comments on this issue may be filed on
or before August 12,
1988.
Lastly, on June 30,
the Illinois Department of
Energy and
Natural Resources (“DENR”)
filed
a motion for leave
to file
comments instanter.
That motion is granted.
To the extent that
the DENR filing may present issues not already addressed by the
participants, the Board will accept comment on the DENR comments
filed on or before the same August 12,
1988 date.
IT
IS SO ORDERED.
I, Dorothy M.
Gunn, Clerk of the Illinois Pollution Control
Board, hereby certif
that the above Order was adopted on the
/3~1
day of
_______________,
1988, by
a vote
of
7-~’
~
Dorothy M.’ Gunn,
Clerk
Illinois Pollution Control Board
91—44