ORIGINAL
    ILLINOIS POLLUTION CONTROL BOARD
    May3, 2005
    MAY
    032005
    iN THE MATTER
    OF:
    )
    STATE OF ILLINOIS
    )
    POIl~tj~~
    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 (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 three status reports filed by IAWA, the hearing officer issued an order on
    April
    14, 2005, requiring TAWA to file a fourth status report.
    IAWA timely filed its fourth status
    report on April 28, 2005.
    Below, the fourth status report is discussed and a fifth status report is
    ordered.
    In the fourth status report, IAWA states that it has been in contact with the Illinois
    Environmental Protection Agency (JEPA), the Illinois Department ofNatural Resoür~es(DNR),
    0
    and other stakeholders and there have been on-going discussions oftechnical issues. ~Ihestatus
    report further provides that an additional stakeholder meeting was held on February 23, 2005, in
    IEPA’s Springfield offices.
    JAWA notes that representatives of various stakeholder~ãttended
    that meeting, including DNR, IEPA, JAWA, and citizen groups.
    IAWA states that at the February 23, 2005 meeting, DNR and IEPA discussed their
    efforts “at trying to arrive at an agreed upon joint state positionto put forth at thethird hearing in
    this matter.”
    4th 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 states that it had understood it would receive, before another stakeholder meeting,
    written materials from IEPA and DNR concerning theirposition.
    With that understanding, a
    stakeholder meeting was scheduled for April
    13, 2005.
    4th Status Report at 2.
    According to
    the
    status report, however, JAWA decided to cancel the April
    13, 2005 stakeholder meeting because
    of“the absence ofprogress and the inability ofkey DNR people to attend the meeting.”
    Id.
    Since then, JAWA reports,
    there has been furtherprogress toward “reaching a DNR and
    JEPA position.”
    4th Status Report at 2.
    Another stakeholder meetinghas therefore been
    scheduled for May
    5,
    2005, in IEPA’s Springfield offices.
    Id.
    IAWA cautions that if progress is
    not made at resolving outstanding differences
    in this rulemaking, TAWA will “consider seeking
    to schedule a third hearing in lieu of additional stakeholder meetings in order to allow interested
    parties to present their comments and testimony on the record.”
    Id.
    *
    00~0~0
    ~
    2
    JAWA concludes the fourth status report by asking that thehearing officer enter an order
    requiring that JAWA file an additional status report, which would include, if appropriate,
    suggested dates for a thirdpublic hearing in this rulemaking.
    JAWA must file a fifth status report with the Clerk ofthe Board by May 31, 2005.
    The
    fifth 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 any third hearing 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 directedto 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 checkwith
    Sandy Wiley at (312) 814-3623 or wileys(~ipcb.state.il.usor the hearing officerto ensure that.
    you have the most recent version ofthe R04-25 Service List.
    0
    0
    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
    mcgilir~ipcb.state.il.us

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