ILLINOIS POLLUTION CONTROL BOARD
February
6,
1992
IN
THE
MATTER OF:
PETITION OF THE CITY OF
)
AS91—13
ROCK ISLAND FOR AN
)
(Adjusted Standard)
ADJUSTED STANDARD FROM
)
35 ILL.
ADN. CODE 304
)
ORDER OF THE BOARD
(by R.
C.
Flemal):
This matter concerns a petition for adjusted standard from
certain of the Board’s effluent limitations.
The matter comes
before the Board on a motion filed by the City of Rock Island
(Rock Island) to reschedule hearing, and upon a motion filed by
the Illinois Environmental Protection Agency
(Agency)
for
extension of time to file its response to the petition.
A
hearing in this matter was set for March
3,
1992, by hearing
officer order.
In support of its motion, Rock Island states that it has
recently become aware that the Illinois Department of
Conservation
(DOC)
expressed concern over the discharge point
proposed in its petition.
The concern is that the proposed
discharge point
is
in or near a designated mussel sanctuary.
Rock Island states that DOC will need time to evaluate the
petition to determine what impact,
if any, that the proposed
discharge point would have on the mussel sanctuary,
and that Rock
Island will need time to respond to DOC’s concerns.
Rock Island
submits that it would be premature to hold a hearing on March
3,
1992,
in light of these developments.
Rock Island states that
a
waiver of the 120—day decision deadline has been provided as
Exhibit B to this motion.
The Agency’s motion relates similar information on DOC’s
interest in the discharge point, and requests
a 90—day extension
of time for it to file its response to the petition.
Neither Rock Island nor the Agency pose any objections to
each other’s motions.
The Board believes that grant of Rock Island’s motion to
reschedule the hearing is warranted and will be in the interest
of administrative economy.
The motion to reschedule the hearing
is hereby granted.
The hearing officer is directed to reschedule
the hearing in this matter after consultation with the parties
and within the timeframe provided by the statutory deadline and
waiver.
The Board also grants the Agency’s motion for an
130—135
2
additional
90 days to file its response to Rock Island’s.
petition.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Bo~~~herebycert~ythat the above Order was adopted ~n the
~i~-
day of
~
,
1992, by a vote of
(.,
—~C.
Dorothy M.
n,
Clerk’
Illinois P0
1 tion Control Board
130—136