ILLINOIS POLLUTION CONTROL BOARD

September

22, 1988

IN THE MATTER OF:

PROPOSED AMENDMENTS TO

)

R88—21

TITLE

35, SUBTITLE C

)

(TOXICS CONTROL)

ORDER OF THE BOARD

(by B.

Forcade):

On September

20,

1988,

the Illinois Environmental Protection

Agency and the Illinois Environmental Regulatory Group

(IERG)

moved

the Board to set a pre—hearing conference

in this

proceeding

in order

to:

“provide

a better understanding

of

the intent

and

application

of

the

proposal;

assist

the

participants

in

reaching

agreement

on various

aspects

of

the

proposal,

if

possible;

and

assist

the

Board

in

identifying

and

limiting

the

issues

of

disagreement

among

the

participants

in order

to promote the efficient

use of time at the upcoming hearings.”

As the movants note, Section 27(e)

of the Environmental

Protection Act

(“Act”), as added by SB 1834

(P.A.

85—1048)

provides for such a procedure; however, this provision is not

effective until January

1,

1989.

While

an argument can be made

that this procedure should not be utilized until January

1,

the

Board views this provision of the Act as

a clarification of

existing authority to control

and expedite proceedings before

it.

The motion

is granted, and the Hearing Officer

is authorized

to schedule a conference.

The conference will be conducted

consistent with Section

27(e)

of the Act.

Notice of the

conference shall

be mailed

to persons on

the notice list for

this

proceeding.

IT IS SO ORDERED.

Board Member

J. Theodore Meyer dissented.

I, Dorothy M.

Gunn, Clerk

of the Illinois Pollution Control

Board, hereby certfy

that the above Order was adopted on

the ~~~day

~

,

1988,

by a vote of

________

~

Dorothy MdGunn,

Clerk

Illinois Pollution Control Board

92—625