ILLINOIS POLLUTION CONTROL BOARD

April

10,

1986

IN THE HATTER OF:

)

R82-27,

36 AND

)

R83—36

PROCEDURAL RULES

)

INTERIM ORDER OF THE BOARD

(by B. Forcade):

At the March 27,

1986, Board meeting a draft revision of the

Board’s

procedural rules

was presented to the Board for

discussion purposes.

By this Order, the Board will make this

draft document publicily available.

The reasons for early

distribution of

a draft document prior to merit hearings or first

notice publication are due to the nature of the subject matter

itself and the public interest associated with this rulemaking.

In order to make meaningful comments on procedural

rules, the

public must have adequate time to review and- analyze them.

The Board must emphasize that

in making this preliminary

draft public,

the Board is not formally proposing or adopting the

content therein.

The draft

is

a preliminary revision of the

procedural rules and is intended to be

a starting-point for

discussion, dialogue and comments.

In addition to soliciting preliminary public comments, the

Board also wishes to update the current regulatory notice list

for this proceeding.

Therefore,

interested members of the public

not already on

the notice list are encouraged

to contact the

Board, preferably in writing.

The following

is

a brief and less than complete description

of the major changes made

in the preliminary draft from the

current rules:

1)

The

procedures

governing

service,

notice,

discovery,

prehearing

conferences,

motion

practice,

intervention,

conduct

of

hearings

and

relief

from

final

actions

in

Part

103:

Enforcement

Proceedings,

have

been

specifically

incorporated

where

appropriate

into

Part

104:

Variance

Proceedings,

Part

105:

Permit Appeals and Part 106:

Local Site

Suitability Review Proceedings.

Consequently,

each Part consists

of

a complete

set of rules

governing the

specific

form of

action

before

the Board.

2)

The

Illinois

Environmental

Protection

Agency

(“Agency”)

regulatory

proposals

regarding

Contingent

Penalties

(R83-37)

and

Site

69-197

---

—2-

Specific Regulatory

Proceedings

(R82-36) have

been

incorporated

in

the

preliminary

draft.

These

Agency proposals have not

been modified

by

the

Board

but

have

been

placed

in

the

context of procedural rules

for evaluation and

comment.

3)

Two

completely

new

Parts have

been drafted

-

Part

106

outlines

procedures

for

Local

Site

Suitability

Review

(SB-172

-

RPCF

siting

proceedings)

and Part 107 outlines

procedures

for IDOT Lake Michigan Permits.

4)

Part 108:

Hearings Pursuant to Specific Rules

Old

Part

106

and Part

109:

Sanctions

Old

Part

107,

are

renumbered

but

have

not

been

modified

in substance.

5)

An attempt has been made to amend the rules to

reflect

actual

Board

practice

and

current

state

and federal law.

6)

An

attempt has

been made

to

tighten

practice

and procedure in statutory deadline cases.

7)

An

attempt

has

been

made

to

streamline

the

litigation process before the Board.

By today’s action,

the Board begins the preliminary review

process and requests written public comments on the draft

document.

Preliminary comments will

be accepted for 60 days,

or

until June 9,

1986.

The Board will utilize these public comments

in its initial review of the draft document.

The Board will then

proceed to merit hearing.

The Board believes that

these hearings

will

be more constructive and useful as a result of this

preliminary comment period.

IT IS SO ORDERED.

I,

Dorothy H. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certifies

that the above Order was adopted on

the ,/~r~-

day of

___________________,

1986, by

a vote

of

~7—o

borothy

N. Gu

,

Clerk

Illinois Pollution Control Board