ILLINOIS POLLUTION CONTROL BOARD
August 1, 2008
IN THE MATTER OF:
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RECEIVED
CLERK'S
OFFICE
AU
0 1 2008
>ogictlio)
STATE
OF
Control
ILLINOIS
Board
WATER QUALITY STANDARDS AND ) R08-9
EFFLUENT LIMITATIONS FOR THE
)
(Rulemaking - Water)
CHICAGO AREA WATERWAY SYSTEM )
AND LOWER DES PLAINES RIVER )
PROPOSED AMENDMENTS TO 35 ILL. )
ADM. CODE 301, 302, 303, and 304
)
HEARING OFFICER ORDER
This hearing officer order will deal first with the motion for extension of time and then
set a prehearing conference pursuant to 35 Ill. Adm. Code 102.404.
Motion
On July 25, 2008, Midwest Generation, LLC (Midwest Generation) filed a motion for
extension of time to file prefiled testimony of two witnesses. On July 25, 2008, by hearing
officer order all responses to the motion were to be filed by July 31, 2008. The Board received
one response from the Environmental Groups (Friends of the Chicago River, Openlands, Sierra
Club, Prairie Rivers Network, Natural Resources Defense Council, Southeast Environmental
Task Force, and the Environmental Law and Policy Center).
Midwest Generation seeks additional time to file testimony by two witnesses. Midwest
Generation asks that it be given until September 8, 2008 to file the testimony as additional time
is needed to validate and analyze data collected in the Upper Dresden Island Pool.
The Environmental Groups do not object, "insofar as those witnesses intend to testify
regarding sediment and habitat conditions in the Upper Dresden Island Pool." The
Environmental Groups ask that scheduling accommodations be made to address the fact that
important testimony will not be available until September.
The motion is granted and Midwest Generation is given until September 8, 2008 to file
the testimony. The hearing officer will address the scheduling concerns raised by the
Environmental Groups in the prehearing conference scheduled below.
Prehearing Conference
All participants interested, may attend a prehearing conference on August 26, 2008 at 10
a.m. The details on the phone number and place for the prehearing conference will be set forth
in a future hearing officer order.
Please notify the hearing officer by Friday August
22,
2008,
if you plan to call in so that sufficient phone lines can be made available.
2
The prehearing conference will be used to establish the order in which participants will
present witnesses at the hearings scheduled to begin on September 8, 2008. The prehearing
conference will also be used to discuss scheduling of additional hearings and deadlines for the
prefiling of questions and additional testimony.
IT IS SO ORDERED.
arie E. Tipsord
Hearing Officer
Illinois Pollution Control Board
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
(312) 814-4925
tipsorm@ipcb.state.il.us