ILLINOIS POLLUTION CONTROL BOARD
    March
    16,
    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
    (1992).)
    The District is
    seeking an adjusted standard from 35 Iii.
    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 District waived its right to
    a hearing.
    The certificate of
    publication was filed on January
    17,
    1995, demonstrating that
    notice was published on January
    6,
    1995.
    There has been no
    request from the public for a hearing
    in this matter.
    The
    Illinois Environmental Protection Agency
    (Agency)
    filed its
    recommendation and a motion to file instanter on February 17,
    1995.
    We grant the Agency’s motion to file its recommendation
    instanter.
    The District filed a motion for stay and clarification on
    March
    3,
    1995.
    The District requests a thirty
    (30)
    day stay of
    the Board’s decision in this matter to allow
    it time to file an
    amended petition.
    Additionally, the District requests
    clarification as to whether a new public notice is required to be
    made
    in connection with the filing of the amended petition and
    whether the District can request a hearing after the Agency files
    its recommendation to the amended petition even though
    it waived
    its right to
    a hearing in its petition.
    The Agency has not filed
    a response to the motion.
    The Board grants the request for stay in this matter.
    The
    proceedings in this matter will be stayed until April
    7,
    1995.
    The District is not required to cause new publication of notice
    if the amended petition being filing does not request any
    additional relief and is for the same facility.
    The Board on its
    own motion pursuant to Section 28.1
    (d)(2)
    of the Act is setting
    this matter for hearing.
    (415 ILCS 5/28.1(d)(2)
    (1992.)
    Therefore, the District’s request for clarification relating to
    hearings waivers and requests
    is moot.
    The Board grants the motion for stay and directs that this
    matter be scheduled for hearing after the amended petition
    is
    filed.
    This is a type of case for which the Act prescribes no
    2
    deadline for decision, although as noted the Act requires the
    petitioner to timely pursue disposition of the petition.
    Therefore, hearing must be scheduled and completed in
    a timely
    manner, consistent with Board practices and
    35
    Ill.
    Adm. Code
    Part 101 and Part 106, subpart
    G.
    The Board will assign
    a
    hearing officer to conduct hearings consistent with this order
    and the Clerk of the Board shall promptly issue appropriate
    directions to that hearing officer.
    The assigned hearing officer shall inform the Clerk of the
    Board of the time and location of the hearing at least 40 days in
    advance of hearing so that public notice of hearing may be
    published.
    After hearing,
    the hearing officer shall submit an
    exhibit list,
    a statement regarding credibility of witnesses and
    all actual exhibits to the Board within five days of the hearing.
    Any briefing schedule shall provide for final filings as
    expeditiously as possible.
    If after appropriate consultation with the parties, the
    parties fail to provide an acceptable hearing date or
    if after
    an
    attempt the hearing officer is unable to consult with the
    parties,
    the hearing officer shall unilaterally set
    a hearing
    date in conformance with the schedule above.
    The hearing officer
    and the parties are encouraged to expedite this proceeding as
    much as possible.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Bo~ydhereby certify that the above order was adopted on the
    /~“~-
    day of
    74?,1c~~
    ,
    1995,
    by a vote of
    —~-Th
    Dorothy M.
    G
    n,
    Clerk
    Illinois Pollution Control Board

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