In compliance with the Americans with Disabilities Act and other applicable federal and State laws, the hearing will be accessible to
    individuals with disabilities. Persons requiring auxiliary aids and services should contact Dorothy Gunn, Clerk of the Board, at 100 West
    Randolph St., Suite 11-500, Chicago, Illinois 60601, at telephone number 312/814-6931, fax number 312/814-3669, or TDD number
    312/814-6032, five days prior to the hearing.
     
    ILLINOIS POLLUTION CONTROL BOARD
    April 25, 2001
     
     
    IN THE MATTER OF:
     
    PROVISIONAL VARIANCES FROM
    WATER TEMPERATURE STANDARDS:
    PROPOSED NEW 35 Ill. Adm. Code
    301.109
    )
    )
    )
    )
    )
    )
     
     
    R01-31
    (Rulemaking - Water)
     
    NOTICE OF HEARINGS
     
    DATES, TIMES, AND PLACES:
     
    FIRST HEARING JUNE 7, 2001
     
     
    1:00 p.m.
     
    ROOM 403
     
    600 S. SECOND STREET
     
    SPRINGFIELD, ILLINOIS 62704
     
    SECOND HEARING JUNE 20, 2001
     
     
    1:00 p.m.
     
    ROOM 11-500
     
    100 W. RANDOLPH STREET
     
    JAMES R. THOMPSON CENTER
     
    CHICAGO, ILLINOIS 60601
     
    PURPOSE OF HEARINGS:
      
    Merit and Economic
     
    ATTENDING BOARD MEMBERS:
    Claire A. Manning
     
      
      
    HEARING OFFICER:
      
    Andrew E. Boron
     
    HEARING OFFICER ORDER
     
     
    On April 13, 2001, the Illinois Environmental Protection Agency (Agency) filed this
    proposal for rulemaking. Proposed new Part 301.109 would establish the factors to be
    considered by the Agency in submitting recommendations to the Illinois Pollution Control Board
    for the grant of provisional variances pursuant to 415 ILCS 5/35(b) from a water temperature
     
    2
    standard or requirement contained in 35 Ill. Adm. Code. 302.211 and 303. On April 19,
    2001, the Board accepted this matter for hearing.
     
     
    The June 7 and 20, 2001 hearings will be conducted to allow the Agency and all other
    interested persons the opportunity to present testimony on the proposed rules. The order of the
    first hearing will be:
     
    1.
    Opening statements;
     
    2.
    Testimony by the Agency;
     
    3.
    Questions of the Agency;
     
    4.
    Prefiled testimony by other interested persons;
     
    5.
    Testimony by those who did not prefile, as time permits.
     
     
    The second hearing will begin with presentation of testimony and comments which were
    not presented at the first hearing either because of time constraints or by request of the testifiers.
    The order of the second hearing will be determined at the close of the first hearing with
    preference given to persons who have prefiled testimony.
     
     
    The “Notice List” is the list of interested persons who wish to receive only the Board’s
    opinions and orders and hearing officer orders in this proceeding. The “Service List” is
    persons who wish to participate in the proceeding and receive all prefiled testimony and to be
    participants of record. To be placed on either the “Notice List” or the “Service List” contact
    the hearing officer at (312) 814-6062.
     
     
    The Agency, as proponent must prefile its testimony for the June 7 hearing. Other
    persons wishing to testify are strongly encouraged to prefile the testimony. If a person who
    prefiles testimony would prefer to testify at the second hearing, they should state that clearly on
    the first page of the prefiled testimony. Testimony must be filed with the Clerk and served on
    the hearing officer and all persons on the service list. Persons may receive a copy of the
    service list by contacting the hearing officer. Testimony must be received by the Clerk’s office
    no later than May 23, 2001; the mailbox rule does not apply. Testimony for the second hearing
    must be received by the Clerk’s office no later than June 13, 2001.
     
    3
     
     
    IT IS SO ORDERED.
     
     
      
      
    ____________________________
      
     
      
      
    Andrew E. Boron
     
      
      
    Hearing Officer
     
    Illinois Pollution Control Board
     
    100 West Randolph, Suite 11-500
     
    Chicago, Illinois 60601
     
      
      
    (312)814-6062
     

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