CLERK’S OF~l~
    ILLINOIS POLLUTION CONTROL BOARD
    April 14, 2005
    APR
    142005
    IN THE MATTER OF:
    )
    ~
    ~
    )
    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
    Ill. Adm. Code 302.206).
    After two public hearings, a series ofstatus
    conference calls, and two status reports filed by JAWA, the hearing officer issued an order on
    March 3, 2005, requiring IAWA to file a third status report by March 31, 2005.
    JAWA timely
    filed its third status report on March 31, 2005.
    Below, the third status report is discussed and
    a
    fourth status report is ordered.
    Initially, however, it must be noted that it has now been twelve months since this
    rulemaking proposal was filed.
    Since the last hearing, which was held eight months ago, there
    have been, at the request ofthe participants, numerous status conferences and status reports.
    Still, the Board has received no indication on when the participants would be prepared to proceed
    with a third hearing.
    Underthese circumstances, the participants are strongly encouraged to
    timelymake material progress toward readiness fora third hearing.
    In the third status report, IAWA states that it has been in contactwith the Illinois
    Environmental Protection Agency (JEPA), 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
    JEPA’s Springfield offices.
    IAWA notes that representatives of various stakeholders attended
    that meeting, including DNR, IEPA, IAWA, and citizen groups.
    JAWA states that at the February 23, 2005 stakeholder meeting, DNR and IEPA
    discussed their efforts “at trying to arrive at an agreed uponjoint state position to put forth at the
    third hearing in this matter.”
    3d
    Status Report at 1.
    It was agreed that DNR 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.
    IAWA reports that a stakeholder meeting was scheduled for April
    13, 2005.
    IAWA states
    that it had understood it would receive, before that meeting, written materials from IEPA and
    DNR concerning their position.
    According to the
    status report, however, it had become “unclear
    whether any written materials will be shared prior to this scheduled meeting.”
    3d Status Report
    at
    1.
    IAWA expressed concern therefore that itmay not be in a position to meaningfully respond
    to IEPA and DNR at the meeting, and accordingly may seek to delaythe meeting.
    2H
    IAWA concludes the third status report by asking that the hearing officer enter an order
    requiring that IAWA file an additional status report by April 30,
    2005, which would include, if
    appropriate, suggested dates for a third public hearing in this rulemaking.
    IAWA must file a fourth status report with the Clerk ofthe Board by April 30, 2005.
    The
    fourth status reportmust provide a procedural update on JAWA’s readiness fora 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 any thirdhearing and is generally due
    21
    days before hearing.
    Please note that as part ofthe Board’s voluntary electronic filing pilot project, certain
    documents in this rulemaking, including status reports and public comments, maybe filed
    through the Board’s Web-based Clerk’s
    Office On-Line (COOL) at www.ipcb.state.il.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 of the 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 or wileys~ipcb.state.il.us
    or the hearing officer to ensure that
    you have the most recent version ofthe R04-25 Service List.
    IT
    IS SO
    ORDERED.
    RichardR. McGil,
    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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