ILLINOIS POLLUTION CONTROL BOARD
    September
    13,
    1990
    IN THE MATTER OF:
    CORRECTION TO
    )
    R90-16
    35 ILL.ADM.CODE 102.162
    )
    (Rulemaking)
    PROPOSED RULE.
    SECOND NOTICE.
    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 Il1.Adm.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 Ill.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
    I1l.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.)
    The Board finds no reason
    to alter its proposal,
    and will proceed to second notice.
    ORDER
    The Board hereby proposes the following amendment for second
    notice,
    to be
    filed with
    the Joint
    Committee
    on Administrative
    Rules:
    115—51
    2
    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.
    I,
    Dorothy
    M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, here~y~certifythat t1~eabove Opinion and Order was adopted
    on
    the /j~
    day
    of
    /~L~
    .3~72~t’~
    ,
    1990,
    by
    a
    vote
    of
    ~//)~
    ~
    ~Dorothy
    M.
    Gunn,
    Clerk
    Illinois Pollution Control Board
    115—52

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