ILLINOIS POLLUTION
    CONTROL
    B3~RD
    October
    9,
    1986
    IN THE MATTER OF:
    PROPOSED AMENDMENTS TO TITLE
    35,
    )
    R84—29
    SUBTITLE
    D:
    MINE RELkTED ~TER
    POLLUTION, CHAPTER
    I,
    SECTION
    405.106
    )
    INTERI~4ORDER OF THE BOP~RD (by R.C. Flemal):
    On July
    11, 1985,
    the Board adopted
    for First Notice
    an
    Opinion and Order
    in this docket.
    First Notice was published at
    10 Illinois Register 12827, ~ugust 1,
    1986.
    Two comments were
    received during the First Notice period: one from the Illinois
    Coal ~ssociation (“IC~”)on September
    12,
    1986,
    and the other
    from the Illinois Environmental Protection ~gency (“T~gency”) on
    September
    15, 1986.
    Both the ~.gencyand
    ICk com~nentsunderscore some areas of
    i~ncertaintyand insufficiency
    in the record
    of
    this proceeding.
    In order
    to address
    these areas, which are more fully described
    below,
    the Board believes that another hearing
    is necessary and
    hereby directs the Hearing Officer
    to schedule same as
    expeditiously as possible.
    In order that
    the upcoming hearing may be utilized
    effectively,
    the Board delineates
    the following
    items which
    it
    desires the participants
    to address
    at that time.
    By doing
    so,
    the Board hopes
    to ensure
    that the deficiencies which presently
    exist
    in the
    record will
    be remedied by the close
    of the next
    hearing, which
    is expected
    to
    be the last.
    The Board desires the upcoming hearing
    to consist of
    the
    following activities:
    1.
    ~ presentation of the
    results derived
    from the ~gency’s
    recent experimentation with the Sedimot
    II computer
    model,
    as described
    in paragraph four of the ~.gency
    comments.
    2.
    Receipt
    of comments on 35
    Ill. Mm. Code 406.102(i),
    as
    proposed by the Board
    in
    its First Notice Opinion and
    Order.
    The IC~and
    the agency submitted written
    comments
    on this issue during the First Notice period.
    73-85
    —2—
    These comments differed
    in their interpretation of,
    and
    suggested alterations
    to, section 406.102(i).
    The
    participants are encouraged
    to make any additional
    comments they may have regarding
    this section.
    3.
    A clarification by the Agency of why it believes the
    Board’s proposal
    is more stringent,
    in some regards,
    than the Federal limitations.
    The Agency espouses this
    position
    in paragraph three
    of
    its comments.
    In that
    same paragraph,
    the Agency indicates the necessity,
    in
    its view,
    of
    adding definitions
    for certain
    terms used
    in the Board proposal but not defined
    in Part 402.
    The
    Board would particularly appreciate,
    from any
    participant, suggested definitions for such terms.
    4.
    A clarification by the Agency of the assertions made in
    paragraph two
    of its comments.
    5.
    Additional
    testimony of Mrs. Linda Huff,
    President, Huff
    &
    Huff,
    Inc.,
    the contractor which produced the Economic
    Impact Assessment
    (“EcIS”)
    for this proceeding.
    The
    Board is especially interested
    in the testimony Mrs.
    Huff might offer
    in two areas.
    First,
    her perspectives
    on the Agency’s projections derived through the use of
    the Sedimot
    II model.
    Second,
    any additional statements
    she may be able
    to give regarding the predicted economic
    ramifications of Alternative “B”
    of the Agency’s March
    15, 1985, proposal.
    6.
    Additional
    testimony addressing the environmental
    effects
    of settleable solids.
    In soecifying
    the preceeding topics, the Board
    is not
    limiting
    the material that may be placed into the record at
    hearing.
    The participants are free to submit materials
    pertaining
    to facets of this proceeding not discussed within the
    list found
    above.
    The Board notes, however,
    that because of the
    age of this docket
    and the number of hearings that have already
    been held within
    it, the Board would frown upon repetition of
    previously presented arguments.
    Finally, the Board notes
    that
    it may,
    on its
    own initiative,
    produce an expert witness at the upcoming hearing for the purpose
    of providing additional technical evidence for the record.
    Whether such a person will
    in fact be produced
    is uncertain at
    this time, but the Board
    is hereby indicating
    to the participants
    that this is
    a possibility.
    73-86
    —3—
    IT IS SO ORDERED.
    I, Dorothy
    M. Gunn,
    Clerk of
    the Illinois Pollution Control
    Board, hereby certify that the above Interim Order was adopted on
    the
    9”—~
    day of ~
    ,
    1986,
    by
    a vote
    of
    ~,-O
    *
    Dorothy M.
    ~
    Clerk
    Illinois Pollution Control Board
    73.87

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