ILLINOIS POLLUTION CONTROL BOARD
    November 29,
    1990
    IN THE MATTER OF:
    )
    )
    CORRECTION TO
    )
    R90-l6
    35 ILL.ADM.CODE 102.162
    )
    (Rulemaking)
    ADOPTED RULE.
    FINAL ORDER.
    OPINION AND ORDER OF THE BOARD
    (by J. Theodore Meyer):
    This matter is before the Board on its own motion.
    On May 10,
    1990,
    the Board adopted
    a final Opinion and Order
    in Procedural
    Rules Revision 35
    Ill..Adin.Code 102 and 106 (Subparts D,
    E, and F),
    R88-5(B).
    That rulemaking adopted new procedural rules governing
    regulatory proceedings.
    The rules were filed with the Secretary
    of
    State
    (and thus became effective)
    on May
    24,
    1990.
    The rules
    were then published
    in the Illinois Register
    on June 8,
    1990,
    at
    14
    I1l.Reg.
    9210.
    The
    Board
    subsequently
    discovered
    that
    because
    of
    an
    administrative error,
    Section 102.162 “Notice of Hearing” was not
    included
    in
    the
    filing
    with
    the
    Secretary
    of
    State.
    (Section
    102.162
    was,
    however,
    included
    in
    the
    Illinois
    Register
    publication.
    See
    14
    I11.Reg.
    9226.)
    In order
    to
    correct this
    error, the Board must proceed through regular rulemaking procedures
    established by the Administrative Procedure Act
    (APA),
    Ill.
    Rev.
    Stat.
    1989,
    ch.
    127,
    par.
    1001
    et
    seq.
    (See
    1
    Ill.
    Adm.
    Code
    240(d).)
    Therefore,
    on July 3,
    1990,
    the Board opened this docket
    for the sole purpose of filing Section 102.162 “Notice of Hearing”,
    as adopted in R88-5(B), with the Secretary of State.
    The proposed
    rule was published in the Illinois Register on July 20,
    1990,
    at
    14
    Ill. Reg.
    11666.
    The
    Board
    received
    only
    two public
    comments
    during
    first
    notice.
    The Department of Commerce and Community Affairs stated
    that this proposed rule will have no effect on small businesses.
    (P.C.
    #1.)
    The
    Administrative
    Code
    Unit
    noted
    one
    clerical
    correction which must be
    made in the filing of the rule;
    the Board
    will make that correction.
    (P.C. #2.)
    On September
    13,
    1990,
    the
    Board
    adopted
    a
    second
    notice
    order,
    and the proposed rule was
    submitted to the Joint Committee on Administrative Rules
    (JCAR).
    On November 20, 1990,
    JCAR filed its Certification of No Objection.
    There have been no changes made to the rule during second notice,
    and the rule adopted today
    is
    substantively unchanged
    from that
    proposed for first notice on July
    3,
    1990.
    116—359

    2
    ORDER
    The Board hereby adopts, as final, the following amendment to
    be filed with the Secretary of State:
    TITLE
    35:
    ENVIRONMENTAL PROTECTION
    SUBTITLE A:
    GENERAL PROVISIONS
    CHAPTER
    I:
    POLLUTION
    CONTROL
    BOARD
    PART
    102
    REGULATORY
    AND
    INFORMATIONAL
    HEARINGS
    AND
    PROCEEDINGS
    Section
    102.162
    Notice
    Of
    Hearing
    a)
    The
    hearing
    officer
    will
    set
    a
    time
    and
    place
    for
    hearing.
    The
    Clerk
    shall
    give
    notice
    of
    the
    date
    of
    the
    hearing
    as
    follows:
    1)
    By notice
    in
    the
    Board’s
    Environmental
    Register~
    and
    2)
    At
    least
    20
    days
    prior
    to
    the
    hearing
    date,
    by
    public
    advertisement
    in
    a
    newspaper
    of
    general
    circulation
    in
    the
    county
    in
    which
    the
    hearing
    is
    to
    be
    held.
    Where
    required
    by
    federal
    law,
    including
    but
    not
    limited
    to
    air
    pollution
    and
    RCRA
    proposals,
    newspaper
    notice
    shall
    be
    published
    at
    least
    30
    days
    prior
    to
    the
    hearing
    date.
    b)
    The
    hearing
    officer
    will
    give
    notice
    by
    mail
    to
    the
    proponent and to all persons who have submitted their
    names and addresses to the Clerk concerning the proposal.
    c)
    Hearings which are continued on the hearing record
    for
    a period of
    45 days or less do not require notice that
    complies with subsections
    (a) and
    (b).
    (Source:
    Added
    at
    14
    Ill.
    Reg.
    ____________,
    effective
    IT IS SO ORDERED.
    116—360

    3
    I,
    Dorothy
    M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Opinion and Order was adopted
    on
    the
    ~‘9i~~~ day
    of
    ________________,
    1990,
    by
    a
    vote
    of
    7-o.
    Dorothy N. ,9~.1nn, Cl~k
    Illinois P~klutionControl Board
    I
    1
    6—361

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