ILLINOIS POLLUTION CONTROL BOARD
    February 4,
    1993
    IN THE MATTER OF:
    )
    )
    AMENDMENTS
    TO THE
    NEW
    )
    R92-21
    SOURCE
    REVIEW
    RULES
    )
    (Rulemaking)
    35 ILL.
    ADM.
    CODE 203
    )
    ORDER
    OF
    THE
    BOARD
    (by G.
    T. Girard):
    On January 27,
    1993, the Board received a document entitled
    “Comments of Chicago Lung Association and the Illinois Chapter of
    the Sierra Club”.
    The document was filed by Mr. Ron Burke on
    behalf of Chicago Lung Association and the Illinois Chapter of
    the Sierra Club.
    The filing states:
    “If a waiver from the Board
    is necessary, Chicago Lung Association and the Illinois Chapter
    of the Sierra Club request one.”
    The Board will consider this
    filing a motion to waive for good cause the written submission of
    testimony 10 days before hearing pursuant to Section 28.5(g)
    of
    the Act.
    Further, the Board will rule on this matter today as
    the second hearing is scheduled for tomorrow and to avoid undue
    delay.
    Prefiled testimony was due on January 26,
    1993, ten days
    prior to the hearing date of February 5,
    1993, pursuant to
    Section 28.5(g).
    The filing states that the Board’s first notice
    opinion sets the date for the second hearing as February 6,
    1993.
    Mr.
    Burke further states that he had marked the date for pre-
    filing as January 27 on his calendar based on the February
    6
    date.
    The Board’s first notice opinion and order of November 19,
    1992 did not set hearing dates.
    The Board notes that the first
    notice opinion and order only listed the schedule of dates by
    which the Board is required to act under Section 28.5.
    The date
    listed in the opinion as the last available date (under Section
    28.5 timelines)
    for the holding of the first hearing was January
    7, 1993, and the hearing was actually held on January 6,
    1993.
    Similarly,
    February 6,
    1993 was listed as the last available date
    for holding the second hearing, and the second hearing is
    scheduled for February 5,
    1993.
    The Board’s longstanding practice is not to set hearing
    dates
    in Board orders, but rather to leave the setting of hearing
    dates to the hearing officer to be included in a later hearing
    officer order.
    A hearing officer order clearly stating the
    February
    5,
    1993 hearing date was entered and mailed to
    interested persons in this matter.
    Lastly, the transcript of the
    first hearing indicates that Mr.
    Burke, representative of Chicago
    Lung Association, knew the hearing date for the second hearing is
    February
    5,
    1993.
    (Tr. at 128).
    0139-0375
    2
    Although the Board can see how a misreading of the language
    in one of its opinions can happen, such misunderstanding does not
    rise to the level of “good cause”.
    The Board denies the motion
    to waive the written submission of testimony pursuant to Section
    28.5 of the Act as good cause was not shown for such waiver.
    The
    Board notes that, pursuant to the Board’s October 29, 1992
    resolution,
    Mr. Burke will be allowed to testify but only if time
    remains in the hearing day.
    IT IS SO ORDERED.
    Board Member Forcade dissents.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution C~mtrol
    Boarq, do hereby cert),fy that the above order was adopted on the
    _________
    day of
    ~
    ,
    1993, by a vote of
    ~—/
    Dorothy M. 9t~nn,Clerk
    Illinois Po~JutionControl Board
    01390376

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