BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
In the Matter of
PROPOSED AMENDMENTS TO
SPECIAL WASTE REGULATIONS
CONCERNING USED OIL,
35. Ill. Adm. Code, 808, 809
R06-20
NOTICE OF FILING
To: ATTACHED SERVICE LIST
PLEASE TAKE NOTICE
that on June 4, 2008, An Association of Responsible
Recyclers ("NORA") electronically filed the attached
Motion to Request Hearing
Following First Notice
with John Therriault, Assistant Clerk of the Illinois Pollution
Control Board, a copy of which is herewith served upon you.
Respectfully submitted,
NORA, AN ASSOCIATION OF
RESPONSIBLE RECYCLERS
By: /s/ Claire A. Manning
One of its Attorneys
BROWN, HAY
&
STEPHENS, LLP
Claire A. Manning
Registration No. 3124724
Alison K. Hayden
Registration No. 6291618
205 S. Fifth Street, Suite 700
P.O. Box 2459
Springfield, IL 62705-2459
(217) 544-8491
Electronic Filing - Received, Clerk's Office, June 4, 2008
CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing
Motion to Request Hearing
Following First Notice
was filed, electronically, with the Clerk of the Illinois Pollution
Control Board, and with copies being placed in the U.S. mail on June 4, 2008, and
addressed to:
TIM FOX
Hearing Officer
Illinois Pollution Control Board
100 W. Randolph Street, Suite 11-500
Chicago, Illinois 60601
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Stephanie Flowers
Division of Legal Counsel
1021 North Grand Avenue
P.O. Box 19276
Springfield, Illinois 62794-9276
ILLLINOIS DEPARTMENT OF NATURAL RESOURCES
William Richardson
Chief Legal Counsel
One Natural Resources Way
Springfield, Illinois 62702-1271
OFFICE OF THE ILLINOIS ATTORNEY GENERAL
Matthew J. Dunn
188 W. Randolph St., 20th Floor
Chicago, Illinois 60601
ILLINOIS ENVIRONMENTAL REGULATORY GROUP
Deirdre K. Himer
Executive Director
Brenda Carter
Project Manager
3150 Roland Avenue
Springfield, Illinois 62703
Electronic Filing - Received, Clerk's Office, June 4, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
In the Matter of
?
)
PROPOSED AMENDMENTS TO THE
?
)?
R06-20
BOARDS'S SPECIAL WASTE?
)
?
(Rulemaking – Land)
REGULATIONS CONCERNING?
)
USED OIL, 35 ILL. ADM. CODE, 808, 809
? )
MOTION TO REQUEST HEARING FOLLOWING FIRST NOTICE
NORA, An Association of Responsible Recyclers ("NORA"), by and through its
attorneys, Claire A. Manning and Alison K. Hayden, Brown Hay & Stephens LLP, moves to
request a hearing following the May 1, 2008 Illinois Pollution Control Board ("Board") Order
and first-notice publication in the
Illinois Register,
32 Ill. Reg. 8085, effective May 30, 2008, of
amendments intended to exempt from the manifesting and special waste hauling permit
requirements of 35 III. Adm. Code 808 and 809 (Parts 808, 809) used oil that is defined by and
managed in accordance with 35 III. Adm. Code 739 (Part 739). NORA (formerly, the National
Oil Recycling Association) is a trade association comprised of more than 200 companies
providing used oil collection and- recycling services throughout the entire United States,
including Illinois and surrounding states.
NORA respectfully requests a hearing in accordance with the Illinois Administrative
Procedures Act, 5 ILCS 100/5-40, and the Illinois Environmental Protection Act, 415 ILCS 5/27
and 28, and Board regulations, 35 Ill. Adm. Code § 101.500. A hearing will enable NORA to
respond to the Board's specific requests for comment by participants on whether to amend Part
739 and its request for comment in the form of regulatory language that might be proposed to
Electronic Filing - Received, Clerk's Office, June 4, 2008
NO , AN ASS?
ON OF
S ONSIBL
?
LERS
By:
effect such an amendment. In addition, it will give NORA, as proponent, the opportunity to
further explain its position.
In order to best utilize the time at hearing, and coordinate the issues yet to be resolved,
NORA also respectfully suggests that a pre-hearing conference be set in advance of the hearing
so as to maximize the time of hearing. Such pre-hearing conference,
as
contemplated in Section
27 of the Act, would serve the following statutory purposes •
maximize understanding of the
intent and application of the proposal, to reach agreement on aspects of the proposal, if possible,
and to attempt to identify and limit the issues of disagreement among the participants to promote
efficient use of time at hearing. 415 ILCS 5/27.
WHEREFORE, NORA moves that the Board set another hearing in this matter, following
First Notice, and that the Board or Hearing Officer set a pre-hearing conference sufficiently in
advance of that hearing so as to promote efficient use of time at hearing.
Respectfully submitted,
Claire A. Manning, one of its attorne
BROWN, HAY & STEPHENS, LLP
Claire A. Manning, Esq.
Registration No. 3124724
cmanning@bhslaw.com
Alison K. Hayden
Registration No. 6291618
ahayden@bhslaw.com
205 S. Fifth Street, Suite 700
P.O. Box 2459
Springfield, IL 62705-2459
(217) 544-8491
(217) 241-3111 (fax)
Electronic Filing - Received, Clerk's Office, June 4, 2008