RECEIVED
    CLERK’S~OFFICE
    ILLINOIS POLLUTION CONTROL BOARD
    AU~°
    0
    August 30, 2005
    V J
    STATE OF ILLINOIs
    ll’4
    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
    On August 25, 2005, in Chicago, the Board held the third hearing in this rulemaking. The
    rulemaking proponent, the Illinois Association ofWastewater Agencies, seeks to amend the
    Board’s rule establishing general use water quality standards for dissolved oxygen (35 Ill. Adm.
    Code 302.206). In this order, the hearing officer discusses two rulings made at the third hearing.
    First, the Illinois Environmental Protection Agency (Agency) asked at hearing to have the
    opportunity to continue stakeholder discussions regarding the dissolved oxygen standard and to
    submit a status report on those discussions in two months. The hearing officer granted the
    Agency’s request, and required that the Agency file the status report with the Board by
    November 1, 2005. The hearing officer also noted that the “mailbox rule” (35 Ill. Adm. Code
    101 .300(b)(2)) would not apply to this filing, and that, accordingly, the Board must receive the
    Agency’s status report by November 1, 2005. This filing may be made electronically through the
    Board’s Web-based Clerk’s Office On-Line (COOL) at www.ipcb.state.il.us. Any filing with the
    Board must also be served on the hearing officer and on those persons on the Service List.
    Second, the Illinois Department ofNatural Resources (DNR) stated at hearing that it
    would not be presenting, at the third hearing, the witness for whom it had prefiled testimony, Dr.
    David L. Thomas. DNR represented that it, like the Agency, wished to pursue stakeholder
    discussions regarding the dissolved oxygen standard. DNR also stated that Dr. Thomas’ prefiled
    testimony, filed with the Board on August 4, 2005, no longer represents DNR’s position. DNR
    therefore made a motion to withdraw the prefiled testimony ofDr. Thomas, which the hearing
    officer granted.
    Although Dr. Thomas’ August 4, 2005 prefiled testimony is withdrawn, the filing itself
    remains part ofand physically present in the official Clerk’s office record ofthis rulemaking
    proceeding. Accordingly, when reading another document in this record that refers to Dr.
    Thomas’ prefiled testimony, such as Public Comment 81, a member ofthe public will be able to
    locate the referenced DNIR filing. To avoid any potential confusion, however, the R04-25 docket
    sheet entry for Dr. Thomas’ prefiled testimony will reflect that the hearing officer granted DNR’s
    motion to withdraw the prefiled testimony, as it no longer represents DNR’s position. For fUrther
    2
    clarity, the Clerk’s office has been instructed to physically and electronically attach this hearing
    officer order to the front of Dr. Thomas’ August 4, 2005 prefiled testimony.
    IT IS SO ORDERED.
    Richard R. McGi,
    Hearing Officer
    Illinois Pollution Control Board
    100 West Randolph Street, Suite 11-500
    Chicago, Illinois 60601
    (312) 814-6983 mcgil1r4i~ipcb.state.il.us

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