ILLINOIS POLLUTION CONTROL BOARD
June 8, 2006
IN THE MATTER OF
:
)
PROPOSED AMENDMENTS TO
)
R04-25
DISSOLVED OXYGEN STANDARD 35 ILL .)
(Rulemaking
- Water)
ADM. CODE 302.206
)
NOTICE OF
STATUS CONFERENCE CALL
DATE, TIME, DIAL-IN INFORMATION
:
STATUS CONFERENCE CALL
: MONDAY, JULY 10, 2006, 10:00 a.m .
Dial-In Number: (312) 569-4000
Identification Number: 347765
PURPOSE OF CALL :
Procedural Status
Readiness for Hearing
HEARING OFFICER :
Richard R. McGill, Jr .
HEARING OFFICER ORDER
The proponent of this rulemaking is the Illinois Association of Wastewater Agencies
(IAWA). IAWA seeks to amend the Board's rule establishing general use water quality
standards for dissolved oxygen (35 Ill. Adm. Code 302 .206). The most recent public hearing
took place in Springfield on April 25, 2006, and was the fourth hearing in this rulemaking
.
Below is a summary of the June 5, 2006 status conference call, including a discussion of a new
exhibit entered into the record, as well as information on the next call, which is scheduled for
July 10, 2006 .
June 5, 2006 Status Conference Call
The hearing officer was joined on the June 5, 2006 conference call by the following
participants: Roy Harsch and Dennis Streicher, IAWA ; Stefanie Diers and Roy Smogor, Illinois
Environmental Protection Agency (Agency) ; Stanley Yonkauski, Joel Cross, and Ann Holtrop,
Illinois Department of Natural Resources (DNR) ; Albert Ettinger, Environmental Law & Policy
Center, Prairie Rivers Network, and Sierra Club; Margaret Conway, Metropolitan Water
Reclamation District of Greater Chicago ; and Greg Buchner, Fox Metro Water Reclamation
District
.
RECEIVED
CLERK'S OFFICE
JUN 0 8 2006
STATE OF ILLINOIS
Pollution Control Board
2
Mr. Harsch of IAWA stated that IAWA was still receiving and reviewing additional
information from DNR. Participants expressed interest in having the hearing officer preside over
another conference call to discuss readiness for the next hearing . With the participants'
agreement, the hearing officer scheduled a status conference call for July 10, 2006, at 10 :00 a.m.
At the conclusion of the June 5, 2006 conference call, the hearing officer noted that since
the prior conference call, he had received a compact disc in the mail directly from DNR (mailed
disc). DNR explained that some of the information on the mailed disc was previously made a
part of the R04-25 record, while other information on the mailed disc was new to this
proceeding. The information already in the record was itself in the form of a compact disc,
identifying the locations of the streams proposed by DNR and the Agency for enhanced dissolved
oxygen protection . See Exhibit 24 (disc attached to 4/4/06 pre-filed testimony of DNR/Agency) .
According to DNR, the new information on the mailed disc includes : stream segments
(stream assessment units) that the Agency identified in the 2006 Assessment Database (as of
May 1, 2006) as being aquatic life use impaired (including segments where low dissolved oxygen
is identified as a potential cause of impairment); and National Pollutant Discharge Elimination
System (NPDES) discharge points and associated metadata . The hearing officer confirmed with
DNR that the mailed disc had neither been filed with the Clerk nor served on the R04-25 service
list. The hearing officer, without objection from any participant on the conference call,
designated the mailed disc as Exhibit 28 for placement into the R04-25 record
.
July 10, 2006 Status Conference Call
A status conference call is scheduled for Monday, July 10, 2006, at 10 :00 a.m. The
hearing officer will conduct the status conference, the purpose of which is to have the proponent
and other participants provide a status report on their readiness to proceed with the next hearing
.
Only questions and comments related to the procedural purpose of this status conference will be
allowed during the call . The status conference therefore will not be used to discuss the merits of
any proposal or to receive evidence
. During the call, participants should be prepared to discuss
potential dates in September 2006 for the next hearing, which likely would be held in Springrield .
Mr. Roy Harsch, counsel for IAWA, has arranged the teleconferencing service for the
status conference call. Anyone may participate in the status conference, whether by speaking or
merely listening. The dial-in number for the status conference call is (312) 569-4000, with an
identification number of 347765 . If you are having any difficulty joining the call, please dial
(312) 569-1683 and indicate the conference identification number of 347765
.
To ensure that enough lines are available for those wishing to participate, please contact
the hearing officer at (312) 814-6983 or mcgil lria=-ipcb .state .il.us by July 6, 2006, if you would
like to participate in the status conference call . After the status conference, the hearing officer
will prepare a short report documenting the participants in, and matters discussed during, the call
.
IT IS SO ORDERED
.
3
Richard R. McGill, Jr .
Hearing Officer, Illinois Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
(312) 814-6983 megillr@ipcb.state.il .us
