ILLINOIS POLLUTION CONTROL BOARD
October 29, 1992
IN THE MATTER OF:
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)
PETITION OF ILLINOIS POWER COMPANY
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(CLINTON POWER STATION), FOR
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PCB 92-142
HEARING PURSUANT TO 35 ILL. ADM.
)
(Thermal Demonstration)
CODE 302.211 TO DETERMINE
SPECIFIC THERMAL STANDARDS
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ORDER OF THE BOARD (by G. T. Girard):
On September 30, 1992, the petitioner filed a motion
regarding certain procedural issues. The petitioner asked for
relief from certain of the Board’s procedural rules.
Specifically the petitioner asked that it be allowed to file an
affidavit by Mr. James A. Smithson at a later date. In addition,
the petitioner asked that it be allowed to file appendices to
Exhibit 3 on disks rather than in hard copy and also asked to be
relieved of the requirement to file Exhibits 2 and 3 with the
Illinois Environmental Protection Agency. The petitioner
explained that Exhibits 2 and 3 were already in the Agency’s
possession and agreed to provide additional copies if needed at a
later date.
The Board grants the requests filed by petitioner for relief
from certain procedural requirements regarding the filing of the
affidavit and the requirement for filing Exhibits 2 and 3 with
the Agency. However, with regard to the filing of the appendices
on disk, the Board directs the petitioner to file two hard copies
of the material contained on the disk. The Board will also
accept the disk filing.
On October 21, 1992, the Board received a motion for
clarification of the Board’s October 16, 1992 order, which placed
the filings by petitioner into one docket. Petitioner stated in
this motion that it is seeking two forms of relief. Petitioner
is seeking a permanent specific thermal standard under 35 Iii.
Adm. Code 302.2l1(j)(5). In addition, petitioner is seeking a
determination that discharges from their operation have not
caused and cannot be reasonably expected to cause significant
damage to the receiving waters pursuant to 35 Ill. Adm. Code
302.211(f). Petitioner stated that it was seeking an order from
the Board to clarify that it may seek relief from both those
provisions in this docket.
The Board notes that the documentation necessary to receive
the relief requested is very similar and the findings which the
Board must make to grant the relief are also similar. For these
reasons as well as administrative economy the Board placed the
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2
filings by petitioner in one docket. The pEititioner may seek the
relief requested in both filings in this docket.
IT IS SO ORDERED.
I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
Boar~,hereby cem’ti~ythat the above order was adopted on the
~
day of(~~
,
1992, by a vote of
i~—(’
Control Board
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