ILLINOIS POLLUTION CONTROL BOARD
    August
    10, 1989
    IN THE MATTER OF:
    GROUNDWATER PROTECTION REGULATIONS FOR
    EXISTING AND NEW ACTIVITIES WITHIN
    )
    R89—5
    SETBACK ZONES AND REGULATED
    RECHARGE
    AREAS
    (35 ILL.
    ~DM. CODE
    615 AND 616)
    )
    ORDER OF THE BOARD
    (by
    P.
    C.
    Flemal):
    On July 26,
    1989,
    the Hearing Officer
    received
    a letter
    from
    the Illinois Fertilizer
    and Chemical Association
    (“IFCA”)
    requesting
    that the post hearing comment period be extended
    an
    additional
    60 days and
    for additional hearing.
    The letter was
    received by the Board on July
    31, 1989
    and docketed
    as Public
    Comment
    t~6.
    The Hearing Officer construed this letter
    as
    a
    motion and has instructed IFCA
    to serve copies of the motion on
    those
    persons on the service list.
    The Hearing Officer
    further
    requested that
    the Board address
    this motion.
    The post hearing comment period expired on August
    1,
    1989.
    Although IFCA submitted
    some comments by the August
    1,
    1989
    deadline,
    it apparently wishes to submit additional comments.
    The Board further observes that some comments from other
    commenters were received a
    few days
    late,
    apparently due to mail
    delivery delays.
    In support of
    its motion, IFCA states that at hearing
    a
    number of questions were posed
    to the Agency which
    the Agency
    opted
    to answer or
    supplement
    in
    its post hearing comments.
    IFCA
    believes that the Agency’s comments and its supplemental answers
    will not be available
    for sufficient review and comment by
    it and
    others before the close of the comment period.
    IFCA further
    requests additional hearing
    in order
    to present testimony and
    answer any questions the Board may have.
    On July
    31,
    1989,
    the Agency objected
    to IFCA’s motion,
    stating that
    a representative of IFCA appeared
    at
    the May 17,
    1989 hearing, questioned Agency witnesses, and had ample
    opportunity
    to provide
    testimony at that time.
    The Agency
    further objected
    to the extension
    of the comment period for
    reasons related
    to the need for orderly proceedings and proper
    closure of comment periods (Public Comment
    #9
    at 23—25).
    The purpose
    of the post hearing comment period
    is to allow
    for comment upon
    the proposal
    as presented at hearing.
    Sufficient
    time has been allowed
    for
    this purpose.
    It
    is
    necessary to
    further emphasize
    that this proposal has not yet
    102—107
    —‘~—
    been adopted by the Board
    for First Notice nor has
    it been
    published
    in the Illinois Register
    for First Notice.
    Section
    5.01
    of the Illinois Administrative Procedure Act (“APA”)
    requires the Board
    to submit proposed rules
    for First Notice
    publication
    in the Illinois Register and, among other things,
    requires a minimum of
    45 days
    for comment upon such proposal.
    Changes
    to a proposal may be made in
    response
    to
    comments
    received.
    It
    is the Board’s intent to proceed with a proposal for
    First Notice at
    its next regularly scheduled Board meeting
    or
    at
    a time shortly thereafter, and to pLovide
    for an extensive
    comment period thereafter.
    The Board believes that since additional
    time will
    be
    available
    for comment
    upon both Agency and Board action on this
    proposal after
    First Notice publication,
    an extension of the post
    hearing comment period will
    be granted only to the extent that
    late filed comments received
    to date will
    be accepted and
    reviewed
    to the extent possible consistent with the Board’s
    intent
    to proceed
    to First Notice by the next regularly scheduled
    Board meeting or
    a time shortly thereafter.
    IFCA
    is
    free
    to
    submit any additional comments
    it has on the Agency’s answers
    to
    hearing questions during the subsequent comment period.
    Regarding any additional
    hearings, the Board
    notes
    that an EcIS
    will be prepared and submitted
    in this proceeding,
    thereby
    requiring additional hearings to be held on matters addressed
    in
    the EcIS.
    Additional
    hearing time may be utilized
    for other
    matters pertaining
    to the proposal
    as necessary upon review of
    comments and any requests
    for hearing
    filed with the Board
    after
    First Notice publication as provided
    in Section
    5.01 of the APA.
    IT
    IS SO ORDERED.
    I,
    Dorothy
    M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that
    the above Order was adopted
    on
    the
    ~
    day of
    ___________________,
    1989,
    by
    a vote
    of
    ~7—o
    .
    Ill
    on Control Board
    102—1O~

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