ORIGINAL
    RECEIVED
    CLERK’S OFFICE
    ILLINOIS POLLUTION CONTROL BOARD
    March 3, 2005
    MAR
    32005
    STATE OF ILLINOJ~
    TIN THE MATTER OF:
    )
    Pollution
    Control
    Bo~rc~
    )
    PROPOSED AMENDMENTS TO
    )
    R04-25
    DISSOLVED OXYGEN STANDARD
    35
    ILL.)
    (Rulemaking
    -
    Water)
    ADM. CODE 302.206
    )
    HEARING
    OFFICER ORDER
    The Illinois Association ofWastewater Agencies (IAWA), the proponent ofthis
    rulemaking, seeks to amend the Board’s rule establishing general use water quality standards for
    dissolved oxygen
    (35
    Ill. Adm. Code 302.206).
    After two public hearings, a series ofstatus
    conference calls, and a status report filed by IAWA, the hearing officer issued
    an order on
    February
    1, 2005, requiring JAWA to file a second status report by February 28, 2005.
    IAWA
    timely filed its second status report on February 28, 2005.
    Below, the second status report is
    discussed and a third status report is ordered.
    In the second status report, IAWA states that since the last status conference call,
    which
    took place on December 17, 2004, IAWA hasbeen in contact with the Illinois Environinental
    Protection Agency (IEPA), the Illinois Department ofNatural Resources (DNR),
    and other
    stakeholders and there have been on-going discussions oftechnical issues.
    The status
    report
    further provides that an additional stakeholder meeting was held on February 23, 2005,
    in IEPA’s
    F
    Springfield offices.
    IAWA notes that representatives ofvarious stakeholders attended that
    meeting, including DNR, IEPA, IAWA, and citizen groups.
    IAWA states that at the February 23, 2005
    stakeholder meeting, DNR and IEPA
    discussed their efforts “attrying to arrive at an
    agreed upon joint state position to put forth at the
    thirdhearing in this matter.”
    2d
    Status Report at 2.
    According to the status report, it was agreed
    that DNIR and IEPA would continue to meet and work on this position and would report back to
    the other stakeholders on their progress and the need for another stakeholder meeting to be held
    at the end ofMarch 2005.
    IAWA concludes the second status report by asking that the hearing officer enter an order
    requiring that JAWA file an additional status report by March 31, 2005, which would include, if
    appropriate, suggested dates for a third public hearing in this rulemaking.
    IAWA must file a
    third status report with the Clerk ofthe Board by March 31, 2005.
    The third status report must
    provide a procedural update on IAWA’s readiness for a third hearing, which would be held in
    Chicago.
    Ifpracticable, the status report must propose specific dates for a third hearing, ideally
    with 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 afterreceiving TAWA’s third status
    report.
    The order may provide notice ofthe third hearing date, time, and location, as well as a
    deadline forprefiling testimony.
    Please note that as part of the Board’s voluntary electronic filing pilot project, certain
    filings in this rulemaking, including status reports, may be made through the Board’s Web-based
    Clerk’s Office On-Line (COOL) at www.ipcb.state.il.us.
    Anyquestions
    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
    Sandy Wiley at (312) 814-3623 orwileys@jipcb.state.i1.us or the hearing officer to ensure that
    you have the most recent version ofthe 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
    mcgillr@ipcb.state.il.us

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