OR1G~NAL
ILLINOIS POLLUTION CONTROL BOARD
July 7, 2005
IN THE MATTER OF:
)
)
PROPOSED AMENDMENTS TO:
)
R04-22
REGULATION OF PETROLEUM LEAKING)
(UST Rulemaking)
UNDERGROUND
STORAGE TANKS
(35
)
ILL. ADM. CODE 732)
)
iN THE MATTER OF:
)
)
PROPOSED AMENDMENTS TO:
)
R04-23
REGULATION OF PETROLEUM LEAKING)
(UST Rulemaking)
UNDERGROUND STORAGE TANKS
(35
)
(Consolidated)
ILL. ADM. CODE 734)
)
HEARING OFFICER ORDER
On June 7,
2005,
a hearing officer order was issueddenying requests by United Science
Industries (USI) to
extend the prefihing oftestimony deadline until July
15,
2005.
The hearing
officer order noted that:
July 15, 2005,
is only 12 days before the scheduled hearing in this proceeding and
I am not convinced that
12 days is sufficient time to review the prefiled testimony
before the hearing.
Therefore,
I will grant the request but oniy to July 8, 2005.
This is an additional seven days from the prior deadline ofJuly
1, 2005.
Therefore, prefiled testimony must be filed with the Board and served on the
persons on the service list by July
8,
2005.
The mailbox rule does not apply.
On June 28, 2005, I received an email from Mr. Jay Koch with USI, stating:
I am writing in regard to
the upcoming hearing on July 27, 2005 for Rulemaking
R04-022
and R04-&23, Regulation ofPetroleum Leaking Underground Storage
Tank. Our personnel are currently preparing pre-filed testimony to be submitted
as required by the July 8,
2005 deadline to the Board. We are also in the process
ofpreparing a substantial amount ofinformation that should prove to be
significant to the hearings and as such would like
to ask if testimony pre-filed by
July 8, 2005 can be amended or supplemented anytime prior the hearings and/or
at the actual hearing?
Please advise.
I responded by email on that same day stating that “pursuant to
the hearing officer order
ofJune 7, 2005, all prefiled testimony must be filed on July 8, 2005.
Anytestimony which is not
prefiled will be allowed only as time permits on the day ofthe hearing.”
2
On July 6, 2005,
USI electronically filed three separate requests for an extension ofthe
prefiling deadline.
See
P.C. 46-48.
The requests also ask that the Illinois Environmental
Protection Agency be directed to
answer certain questions with more specificity. I have
reviewed the requests
and can find no compelling reason to reverse the June 7, 2005 order.
Therefore, the requests are denied and pursuant to the Board’s rules any testimony not prefiled
will be allowed as time permits.
See
35
Ill. Adm.
Code 102.424(g).
IT IS
SO ORDERED.
~arie
E. Tipsor
Hearing Officer
Illinois Pollution Control Board
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
(312) 814-4925
