RECEIVED
CLERK’S OFFICE
ILLINOIS POLLUTION CONTROL BOARD
February
1, 2005
FEB
012005
STATE OF
ILLINOIS
IN THE MATTER OF.
)
Pollution
Control
Board
PROPOSED AMENDMENTS TO
)
R04-25
DISSOLVED OXYGEN STANDARD
35
ILL.)
(Rulemaking
-
Water)
ADM. CODE 302.206
)
HEARING
OFFICER ORDER
The Illinois Association ofWastewater Agencies (JAWA),
the proponent ofthis
rulemaking, seeks to amend the Board’s rule establishing general use water quality standards for
dissolved oxygen
(35
Iii. Adm. Code 302.206).
After two public
hearings and a series ofstatus
conference calls in this rulemaking, the hearing officer issued an order on December 20, 2004,
requiring IAWA to file a status report by January 31,2005.
On February
1, 2005, JAWA filed the status report, along with a motion for leave to file
instanter,
which the hearing officer grants.
In the status report, IAWA states that since the last
status conference call,
which took place on December 17, 2004,
IAWA has been in contact with
Illinois
Environmental Protection Agency and the Illinois Department ofNatural Resources and
there have been on-going discussions oftechnical issues.
The status report further provides that
an additional stakeholder meeting has been scheduled for February 23, 2005,
and that IAWA
hopes the meeting will help resolve outstanding
differences over the rulemaking proposal.
JAWA concludes the status report by asking that the hearing officer enter an
order requiring that
IAWA file an additional status report by February 28, 2005, which would include suggested
dates for a thirdpublic hearing in this rulemaking.
JAWA must file a status report with the Clerk ofthe Board by February 28, 2005.
The
status report must provide a procedural update on JAWA’s readiness for a third hearing, which
would be held in Chicago.
Ifpracticable, the status report must propose specific dates for a third
hearing, ideallywith the agreement ofthose participants most
actively involved in this
rulemaking.
Prefiled testimony will likely be required for the third hearing and is
generally due
21
days before hearing.
The hearing officer anticipates
issuing an order after receiving IAWA’s
status report.
The order may provide notice ofthe third hearing date, time, and location, as well a
deadline for prefihing testimony.
Please note that as part ofthe Board’s voluntary electronic filing pilot project, certain
filings in this rulemaking may be made through the Board’s Web-based Clerk’s Office On-Line
(COOL) at www.ipcb.state.ii.us.
Any questions about electronic filing through COOL should be
directed to
the Clerk’s Office at (312) 814-3629.
Lastly, all filings with the Clerk ofthe Board must be served on the hearing officer and on
those persons on the Service List.
Before filing any document with the Clerk, please check with
2
Sandy Wiley at (312) 814-3623 or wileys(~ipcb.state.il.usor the hearing officer to ensure that
you have the most recent version of the R04-25
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
nicgillr(~ipcb.state.il.us
