ILLINOIS POLLUTION CONTROL BOARD
July
3,
1990
IN THE MATTER OF:
CORRECTION TO
)
R90-16
35 ILL.ADM.CODE 102.162
)
(Rulemaking)
PROPOSED RULE.
FIRST 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 I11.Adrn.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
recently
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
Ill.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,
the Board has 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.
This rulemaking will be
conducted under APA rulemaking procedures, pursuant to Section 26
of
the Environmental
Protection
Act.
Because
this
section
was
subject to extensive public comment opportunities during the course
of R88—5(B),
and because
of
the non-substantive
nature
of
this
correction, the Board has not scheduled
a hearing in this docket.
ORDER
The Board
hereby
directs
the Clerk
of
the
Board
to
cause
publication in the Illinois Register of the following amendment:
TITLE 35:
ENVIRONMENTAL PROTECTION
SUBTITLE A:
GENERAL PROVISIONS
CHAPTER
I:
POLLUTION CONTROL BOARD
PART 102
REGULATORY AND INFORMATIONAL
HEARINGS AND PROCEEDINGS
113—275
2
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
countli
in which the hearing
is
to
be
held.
Where
r~.quired b~ federal
law,
including but not limited to air pol ution and RCRA
proposals,
newspaper notice shall
published
at
least 30 days prior to the hearing
ate.
b)
The hearing
officer
will
give
notice
by
mail
to
the
proponent and to all persons who have
ubmitted their
names and addresses to the Clerk concernL.g 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 PoJlution Control
Board, hereby certify that th,~above Opinion and Order was adopted
on
the
~‘~-
day
of
_______________,
1990,
by
a
vote
of
7—~
.
Dorothy M.,’/Gunn,
Clerk
Illinois P~l1utionControl Board
113—276