ILLINOIS POLLUTION CONTROL BOARD
    July
    9,
    1992
    IN THE MATTER OF:
    )
    PETITION OF ILLINOIS POWER
    )
    AS 92-7
    COMPANY
    (VERMILION POWER STATION)
    )
    (Adjusted Standard)
    FOR ADJUSTED STANDARDS FROM 35
    )
    ILL. ADM. CODE 302.208(e)
    )
    ORDER OF THE BOARD
    (J. Anderson):
    On July 1,
    1992, Illinois Power Company (Illinois Power)
    filed a petition for an adjusted standard for its Vermilion Power
    Station from the general use water quality standards for boron,
    sulfate, and total dissolved solids in 35 Ill.
    Adm. Code
    302.208(e).
    On the same date, Illinois Power also filed a motion
    requesting the Board to waive the verifying affidavit requirement
    of 35 Ill. Adm. Code 106.706.
    On July 8,
    1992, the Illinois
    Environmental Protection Agency (Agency)
    filed a response in
    opposition to the motion.
    In support of its motion, Illinois Power argues that the
    submission of affidavits would be duplicative because it “has
    requested a hearing and will be tendering verified witness
    testimony that will support the assertions of material fact in
    its petition.”
    Illinois Power adds that its witnesses will be
    available for cross-examination.
    The Board hereby denies Illinois Power’s motion.
    As the
    Agency correctly notes,
    the Board has already decided that a
    hearing at a later date is an insufficient reason to forego
    verification of an adjusted standard petition by affidavit.
    Specifically,
    in In the Matter of:
    Procedural Rules Revision 35
    Ill.
    Adin.
    code 101.
    106
    (Subpart G), and 107
    (March 2,
    1989),
    R88—5(A),
    97 PCB 30—31, westated:
    It was suggested by one commentor that a petition need
    only be verified by affidavit when the petitioner has
    waived a hearing and that a waiver of previously
    scheduled hearing will only be effective when
    accompanied by an affidavit verifying the petition.
    (P.C.
    #22)
    the board finds that it makes more sense
    for an affidavit verifying a document to be filed with
    that document and not sometime, perhaps even months,
    after the document is filed.
    This would in turn also
    allow the quick waiver and cancellation of a hearing
    without delay for preparation of an affidavit verifying
    the petition.
    The Board cannot see how requiring that
    an affidavit be filed with each petition would impose
    an unreasonable burden upon
    the petitioner.
    Accordingly, the Board directs Illinois Power to fi.le a
    0135-0091
    2
    verifying affidavit in accordance with 35 Ill. Adm. Code 106.706.
    The affidavit is to be received by the Board no later than July
    29,
    1992.
    IT IS SO ORDERED.
    I,
    Dorothy H. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certifies that the above order was adopted on the
    ~Z
    day of
    _______________,
    1992,
    by a vote of
    C~C.
    Dorothy M./~unn,Clerk
    Illinois ~óllution Control Board
    0 135-0092

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