ILLINOIS POLLUTION CONTROL BOARD
    June
    22,
    1995
    PETITION OF THE GALESBURG
    )
    SANITARY DISTRICT,
    GALESBURG,
    )
    ILLINOIS, FOR AN ADJUSTED
    )
    AS 94-20
    STANDARD FROM 35
    ILL. ADM.
    )
    (Adjusted Standard-Water)
    CODE PART 304.105
    AMMONIA NITROGEN
    ORDER OF THE BOARD
    (By J.
    Yi):
    On December 30,
    1994, the Galesburg Sanitary District
    (District)
    filed a petition for adjusted standard pursuant to 35
    Ill. Adm.
    Code Part 106 and Section 28.1 of the Environmental
    Protection Act
    (Act).
    (415 ILCS 5/28.1
    (1994).)
    The District is
    seeking an adjusted standard from 35
    Ill.
    Adm.
    Code 304.105 as it
    applies to the discharge of ammonia nitrogen to Cedar Creek
    from
    its wastewater treatment plant
    (plant)
    located
    in Knox County.
    The Board on March
    16,
    1995,
    granted the District’s motion for a
    30-day stay in this matter to file an amended petition.
    The
    District filed its amended petition on April
    6,
    1995.
    The Board
    also, on its own motion pursuant to Section 28.1
    (d) (2)
    of the
    Act,
    set this matter for hearing.
    (415 ILCS 5/28.1(d) (2)
    (1994)
    .)
    The Illinois Environmental Protection Agency
    (Agency)
    filed
    its response to the petition on February
    17,
    1995.
    Pursuant to
    35 Ill. Adm. Code 106.715 the Agency may amend its response not
    later than 30 days subsequent to the amending of the petition.
    The Agency filed an amended response on May 15, 1995 and a motion
    to file the amended response instanter.
    The Board accepted the
    Agency’s response on May 15,
    1995.
    On June 12,
    1995,
    the District filed a motion for leave to
    file a reply to the Agency’s amended response,
    a reply to the
    Agency’s amended response and a response to the motion to exclude
    filed by the Agency on June
    9,
    1995.
    The Board had directed the
    assigned hearing officer to address the Agency’s motion to
    exclude.
    The hearing officer entered an order denying the motion
    to exclude on June 21,
    1995.
    On June 22,
    1995, the Board
    received via facsimile an emergency motion to file a motion to
    review the hearing officer’s order.
    The Board grants the motion
    to file the emergency motion to file the motion to review the
    hearing officer’s order.
    The Board denies the motion to review and affirms the
    hearing officer’s order denying the Agency’s motion to exclude.
    The hearing shall go forward as scheduled on June
    27,
    1995.
    The
    Board grants the District’s motion for leave to file a reply to
    the Agency’s amended response and therefore accepts the reply.
    2
    IT IS SO ORDERED.
    I, Dorothy
    M. Gunn,
    Clerk of the Illinois Pollution Control
    Board hereby certify jhat the above order was adopted on tjae
    ~~‘d
    day of
    ___________________,
    1995,
    by
    a vq~eof
    &
    ~
    1/
    /~
    (~/
    ~
    //~
    ~
    Dorothy M. 9~n, Clerk
    Illinois
    Pall ution Control Board

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