RECENED
ILLINOIS POLLUTION CONTROL BOARD
May19, 2004
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iN THE MATTER OF:
)
PROPOSED AMENDMENTS TO
)
R04-25
DISSOLVED OXYGEN STANDARD
35
ILL.)
(Rulemaking
-
Water)
ADM. CODE 302.206
)
NOTICE OF HEARINGS
DATES, TIMES, PLACES:
FIRST HEARING: TUESDAY, JUNE 29, 2004, 10:00 a.m.
Illinois Pollution Control Board
James R. Thompson Center
.100 West Randolph Street, Rm. 11-512
Chicago, Illinois
SECOND HEARING: THURSDAY, AUGUST 12,2004, 1:00 p.m.
Illinois Pollution Control Board Hearing Rim
1021 N. Grand Avenue East, North Entrance
Springfield, Illinois
PURPOSE OF HEARINGS:
Merit and economic
ATTENDING BOARD MEMBER:
Andrea S. Moore
HEARING OFFICER:
Richard R. McGill, Jr.
In compliance with the Americans With Disabilities Act and other applicable federal and State
laws, the hearings will be accessible to individuals with disabilities. Persons requiring auxiliary
aids should contact Dorothy Gunn, Clerk ofthe Board, 100 West Randolph Street, Suite 11-500,
Chicago, Illinois 60601, at telephone number (312) 814-3669, or TDD number (312) 814-6032,
at least five days before the particularhearing.
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HEARING
OFFICER ORDER
On April 19, 2004, the Board received a rulemaking proposal from the Illinois
Association ofWastewater Agencies (IAWA). JAWA seeks to amend the Board’s rule
establishing general use water quality standards for dissolved oxygen (35 Ill. Adm. Code
302.206). Iii a May 6, 2004 order, the Board accepted the proposal for hearing.
Two hearings are presently scheduled for R04-25: June 29,2004, in Chicago; and August
12, 2004 in Springfield. Hearing times and locations are set forth above. The purpose ofthese
hearings is to allow the Board to receive testimony from IAWA, the Illinois Environmental
Protection Agency, and other interested participants on the merits and economic impact ofthe
rulemaking proposal. At hearing, all persons who testify will be sworn and subject to
questioning. The Board also will receive testimony on any economic impact study (EcIS)
conducted by the Department ofCommerce and Economic Opportunity (DCEO) on the proposed
rules or DCEO decision not to perform an EcIS.
For the June 29, 2004 hearing in Chicago, JAWA, as the rulemaking proponent, must
prefile its witnesses’ testimony and any related exhibits with the Board no later than June
15,
2004, and simultaneously serve the hearing officer and all persons on the Service List.
See 35
Ill.
Adm. Code 102.424. The “mailbox rule”
(35
Ill. Adm. Code 101.300(b)(2)) does not apply to
this filing—accordingly, the Clerk ofthe Board must receive IAWA’s filing by June
15,
2004.
The first hearing is devoted primarily to IAWA’s testimony and questions for JAWA’s witnesses.
IAWA’s witnesses must be prepared to provide an oral summary ofhis or her prefiled testimony
at the first hearing. Others may testify at the first hearing as time permits, at the discretion ofthe
Hearing Officer. A prefiling deadline for the second hearing maybe established later.
IAWA’s rulemaking proposal, including its statement ofreasons and proposed
amendatory language, may be obtained on the Board’s Web Site through the Clerk’s Office On-
Line (COOL) at www.ipcb.state.il,us. Public comments, hearingtranscripts, and opinions and
orders in R04-25 also will be available on-line through COOL.
The Notice List forthis rulemaking is the list ofpersons who wish to receive only the
Board’s opinions and orders and hearing officer orders. The Service List is the list ofpersons
who wish to activelyparticipate in this proceeding and receive not only opinions and orders, but
also other filings such as prefiled testimony and public comments.
Persons must provide copies ofdocuments they file with the Board to all persons on the
Service List. To be placed on orto receive a copy ofthe Notice List or Service List, please
contact Lynn Delaney at (312) 814-3832 or the hearing officer.
Beforefiling any document with
the Board, please check with Ms. Delaney or the hearing officer to ensure that you have the most
3
recent version ofthe Service List.
IT IS SO ORDERED.
Richard R. McGill, Jr.
Hearing Officer, illinois Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
(312) 814-6983 mcgillr~ipcb.state.il.us