ILLINOIS POLLUTION CONTROL BOARD
    July 13,
    1988
    IN THE MATTER OF:
    )
    A PETITION FOR SITE SPECIFIC
    )
    R87—21
    EXCEPTION TO EFFLUENT STANDARDS
    FOR THE GREATER PEORIA SANITARY
    )
    AND SEWAGE DISPOSAL DISTRICT
    )
    ORDER OF THE BOARD
    (by
    R.
    C.
    Flemal):
    On June 9,
    1988
    the Illinois Environmental Protection Agency
    (“Agency”)
    filed a motion to file its response to comments
    instanter.
    The response period
    for comments set by hearing
    officer order expired on May
    31,
    1988.
    In support of
    its motion,
    the Agency states that
    its attorney was participating
    in another
    proceeding before
    the Board,
    and that
    its normal operations were
    hindered
    by the remodeling of Agency offices during May
    19
    —
    31,
    1988.
    The Board grants the Agency’s June
    9,
    1988 motion and
    accepts the Agency’s
    response to comments, which will be docketed
    as public comment.
    On June 22,
    1988 the Agency also filed
    a request for leave
    to file a letter dated June 14,
    1988 from Charles
    H.
    Sutfin of
    the United States Environmental Protection Agency,
    Region
    5
    (“USEPA”).
    In support of its motion, the Agency states that the
    letter contains the comments of USEPA concerning
    the Greater
    Peoria Sanitary and Sewage Disposal District’s
    (“District”)
    proposal and is relevant
    to the issue of consistency with federal
    law.
    The Agency further requests that this letter be entered
    into the record as
    an exhibit.
    On June 30,
    1988,
    the District filed
    a response to the
    Agency’s motion
    to file
    in which
    it objects
    to the “introduction
    of
    this letter
    as an exhibit unless Mr. Sutfin or any persons who
    produced that letter
    are made available at hearing and subject
    to
    cross—examination”.
    The Board declines
    to enter
    the USEPA letter into the record
    as an exhibit.
    However, the Board does grant the Agency’s June
    22, 1988 motion to the extent that it accepts the USEPA letter
    into the record as public comment, with the understanding that
    the letter will be given the weight properly accorded public
    comment.
    The (JSEPA letter
    itself highlights
    a threshold issue
    in this
    proceeding,
    that being the question of whether the proposal is
    compatible with federal
    law.
    Although the Board
    at this time
    believes that an additional hearing on this issue
    is unnecessary,
    the Board would like to afford
    the proponent and interested
    91—43
    participants opportunity to fully comment on this issue.
    Therefore,
    any additional comments on this issue may be filed on
    or before August 12,
    1988.
    Lastly, on June 30,
    the Illinois Department of
    Energy and
    Natural Resources (“DENR”)
    filed
    a motion for leave
    to file
    comments instanter.
    That motion is granted.
    To the extent that
    the DENR filing may present issues not already addressed by the
    participants, the Board will accept comment on the DENR comments
    filed on or before the same August 12,
    1988 date.
    IT
    IS SO ORDERED.
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certif
    that the above Order was adopted on the
    /3~1
    day of
    _______________,
    1988, by
    a vote
    of
    7-~’
    ~
    Dorothy M.’ Gunn,
    Clerk
    Illinois Pollution Control Board
    91—44

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