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1 BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
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3 IN THE MATTER OF: )
)
4 NOISE RULE UPDATE: ) R03-8
AMENDMENTS TO 35 ILL. ADM. ) (Rulemaking-Noise)
5 CODES 900 AND 903. )
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10 TRANSCRIPT FROM THE PROCEEDINGS
11 taken before the HEARING OFFICER WILLIAM F. MURPHY
12 by LORI ANN ASAUSKAS, CSR, RPR, a notary public
13 within and for the County of Cook and State of
14 Illinois, at Room 9-040 of the James R. Thompson
15 Center, 100 West Randolph Street, Chicago, Illinois,
16 on the 15th day of May, A.D., at 1:00 o'clock p.m.
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L.A. REPORTING (312) 419-9292
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1 A P P E A R A N C E S:
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3 ILLINOIS POLLUTION CONTROL BOARD
James R. Thompson Center
4 100 West Randolph Street - Suite 11-500
Chicago, Illinois 60601
5 (312) 814-3665
MR. WILLIAM F. MURPHY, HEARING OFFICER
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ILLINOIS POLLUTION CONTROL BOARD MEMBERS
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Mr. Nicholas Melas
9 Mr. Michael Tristano
Dr. G. Tanner Girard
10 Mr. William A. Marovitz
Ms. Lynne P. Padovan
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12 OFFICE OF THE ATTORNEY GENERAL
13 Mr. Joel J. Stenstein
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15 ALSO PRESENT
16 Mr. Anand Rao, IPCB, Technical Unit
Mr. Howard Chinn, Attorney General, Chief Engineer
17 Ms. Marie Tipsord, IPCB, Attorney
Ms. Catherine Glenn Joelson
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L.A. REPORTING (312) 419-9292
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1 I N D E X
2 PAGE
3 Greeting by the Hearing Officer.............. 4 - 5
4 Concluding Statements by Hearing Officer..... 5 - 6
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6 NO EXHIBITS MARKED
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L.A. REPORTING (312) 419-9292
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1 HEARING OFFICER MURPHY: Good
2 afternoon. My name is William Murphy. I have been
3 appointed by the Board to serve as hearing officer
4 in this proceeding entitled, IN THE MATTER OF:
5 NOISE RULE UPDATE: AMENDMENTS TO 35 ILL. ADM. CODES
6 900 AND 903, Docket No. R03-8.
7 Present today on behalf of the
8 Illinois Pollution Control Board is Michael
9 Tristano, who is to my immediate right. He is
10 the board member coordinating this rulemaking. To
11 the right of Mr. Tristano is G. Tanner Girard. To
12 his right is William Marovitz. To his right is
13 Doris -- excuse me -- Lynne Padovan. In addition
14 to the audience today, we have from our technical
15 unit Anand Rao, who is to my left, and we have Marie
16 Tipsord and Catherine Glenn Joelson.
17 This is the third hearing in this
18 proceeding. The purpose of this hearing economic
19 considerations of this rule. This rulemaking is
20 subject to Section 27(b) of the Environmental
21 Protection Act. Section 27(b) of the act requires
22 the Board to request that the Department of Commerce
23 and Community Affairs to conduct an economic impact
24 study on certain proposed rules prior to the
L.A. REPORTING (312) 419-9292
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1 adoption of those rules.
2 In accordance with Section 27(b)
3 of the act, the Board requested by letter dated
4 April 9, 2003, that DCEO conduct an economic impact
5 study for the above-referenced rulemaking. DCEO
6 notified the Board in a letter dated April 17, 2003,
7 that it not be conducting an economic impact study
8 on rules pending before the Board because it lacks,
9 among other things, the financial resources to
10 conduct such studies. We will now accept comment on
11 DECO's April 17, 2003, letter.
12 Seeing that there are no members
13 of the public present -- in attendance at this
14 time -- well, we do have two members of the public.
15 Would they like to make any comments at this time
16 on this rulemaking?
17 MR. STERNSTEIN: No, not at this
18 rulemaking.
19 HEARING OFFICER MURPHY: Thank you.
20 I would like to note for the record that the name of
21 the Department of Commerce and Community Affairs has
22 changed to the Department of Commerce and Economic
23 Opportunities. Thank you.
24 Seeing that there are no members
L.A. REPORTING (312) 419-9292
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1 of the public present, we will adjourn this hearing,
2 but I would like to note if any members of the
3 public do come within the next five minutes or
4 during the next rulemaking hearing, we will include
5 them in the hearing.
6 Does anyone object to adjourning
7 the hearing? Seeing none, this hearing is
8 adjourned.
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10 (Whereupon, no further
11 proceedings were had
12 in the above-entitled
13 cause.)
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L.A. REPORTING (312) 419-9292
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1 STATE OF ILLINOIS )
) SS.
2 COUNTY OF C O O K )
3
4 I, LORI ANN ASAUSKAS, a notary public
5 within and for the County of Cook and State of
6 Illinois, do hereby certify that heretofore,
7 to-wit, on the 15th day of May, A.D., 2003,
8 personally appeared before me at Room 2-025 of
9 the James R. Thompson Center, in the City of
10 Chicago, County of Cook and State of Illinois,
11 a certain cause now pending and undetermined
12 before the Illinois Pollution Control Board in
13 the above-entitled cause.
14 I further certify that any said
15 witnesses were by me first duly sworn to testify
16 the truth, the whole truth and nothing but the truth
17 in the cause aforesaid; that the testimony then
18 given by them were by me reduced to writing by means
19 of shorthand in the presence of said witness and
20 afterwards transcribed upon a computer, and the
21 foregoing is a true and correct transcript of the
22 testimony so given by them as aforesaid.
23 I further certify that the taking of
24 this hearing was pursuant to notice, and that there
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1 were present at the taking of the hearing of the
2 aforementioned parties.
3 I further certify that I am not
4 counsel for nor in any way related to any of the
5 parties to this hearing, nor am I in any way
6 interested in the outcome thereof.
7 In testimony whereof I have hereunto
8 set my hand and affixed my notarial seal this
9 22nd day of May, A.D., 2003.
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11 _____________________________
LORI ANN ASAUSKAS, CSR, RPR.
12 Notary Public, Cook County, IL
Illinois License No. 084-002890
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L.A. REPORTING (312) 419-9292