ILLINOIS POLLUTION CONTROL BOARD
    April
    21,
    1988
    IN THE MATTER OF:
    PROPOSED AMENDMENTS TO SUBTITLE
    C:
    )
    R85—29
    WATER POLLUTION
    FECAL COLIFORM
    )
    AND SEASONAL DISINFECTION
    ORDER OF THE BOARD (by R.C.
    Flemal):
    This matter cones before the Board on the April
    20,
    1983
    filing of Illinois American Water Company’s
    (“Water Company”)
    Motion for Reconsideration.
    The Board construes
    this filing as
    an Appeal of
    the Hearing Officer’s Order which denied
    in part
    Water Company’s April
    13,
    1988 motion
    for
    a 30—day extension of
    time
    to file supplemental comments
    in
    this proceeding.
    The
    Hearing Officer
    granted
    the motion
    to the extent that any
    additional comments are to be filed
    by April
    29,
    1988.
    In support of
    its appeal, Water Company states that the
    Illinois Environmental Protection Agency (“Agency”)
    had filed
    comments
    in this proceeding on January
    25,
    1988 and March
    15,
    1988,
    but failed
    to serve comments on Water Company.
    Water
    Company further states that
    its experts are unavailable
    for the
    remainder
    of the month of
    April.
    The Board
    upholds the Order
    of
    its Hearing Officer.
    In so
    doing,
    the Board
    notes
    that neither
    its procedural
    rules nor the
    Administrative Procedures Act require
    a response period
    for
    comments or
    replies to comments
    of others.
    Further,
    the comments
    to which the Water Company objects were filed on January
    25, 1988
    and March
    15,
    1988, well
    before the close of the Second—First
    Notice comment period on April
    11, 1988.
    Water Company was free,
    as any other interested
    person,
    to contact the Clerk of the Board
    regarding recent filings
    of public comments.
    Water Company was
    also on the Board’s mailing
    list and received
    a copy
    of the
    Board’s Second—First Notice Opinion and Order upon which it was
    free
    to comment.
    it
    is also worth noting that
    if this rule
    is
    to
    be adopted,
    it should
    be done
    as expeditiously as practicable
    since any delays could have an adverse impact on the upcoming
    disinfection season.
    IT
    IS SO ORDERED
    Chairman J.D.
    Dumelle dissented.
    88—407
    —2—
    I,
    Dorothy
    NI.
    Gunn, Clerk of
    the Illinois Pollution Control
    Board, hereby certify
    that ,the above Order was adopted
    on
    the
    ~‘,44-
    day of _________________________,
    1988,
    by
    a vote
    of
    ~
    •
    Dorothy
    M.
    Gunn, Clerk
    Illinois Pollution Control
    Board
    88—408

    Back to top