ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    September
    29,
    2008
    ECEVED
    CLERK’S
    OFFICE
    iN
    THE MATTER
    OF:
    )
    SEP’
    2
    92008
    PROPOSED
    AMENDMENTS
    TO THE
    )
    R06-20
    STATE
    OF
    ILLINOIS
    BOARD’S
    SPECIAL
    WASTE
    )
    (Rulemaking
    - Land)
    Pollution
    Control
    Board
    REGULATIONS
    CONCERNING
    )
    USED
    OIL, 35
    ILL. ADM.
    CODE
    808, 809
    )
    HEARING
    OFFICER
    ORDER
    In an
    order
    dated August
    7,
    2008,
    the
    hearing
    officer
    set
    a
    deadline of
    September
    17,
    2008, to
    prefile
    testimony
    for the October
    1,
    2008,
    hearing
    in this
    proceeding.
    On September
    19,
    2008,
    Christopher
    Harris on
    behalf
    of NORA,
    An
    Association
    of
    Responsible
    Recyclers
    (NORA),
    the proponent
    in this
    rulemaking,
    filed
    a motion
    to extend
    that
    deadline
    (Mot.).
    He
    stated
    that a fire
    on September
    11th and
    12th had
    consumed
    much
    of his
    office,
    including
    documents
    pertaining
    to this
    rulemaking.
    Mot.
    at
    1. He
    further stated
    that “diligent
    efforts
    are
    being
    made to
    reconstruct
    the file in this
    matter.”
    Id. He
    requested
    that
    NORA
    be allowed
    to
    prefile
    its testimony
    on September
    22, 2008. Through
    electronic
    filings
    on September
    22,
    2008,
    the Board
    received
    prefiled
    testimony
    from
    Mr.
    Christopher
    Harris
    on behalf
    ofNORA,
    Ms.
    Victoria
    Custer
    of Southwest
    Oil, Inc.,
    and
    Mr.
    Michael
    Lenz of
    Future
    Environmental,
    Inc.
    The Board’s
    procedural
    rules allow
    14 days to
    respond to
    a motion
    and provide
    that,
    “{u]nless
    undue
    delay
    or material
    prejudice
    would result,
    neither
    the Board
    nor the
    hearing
    officer will
    grant any
    motion
    before
    expiration
    of the
    14
    day
    response
    period.
    . .
    .“ 35 Iii. Adm.
    Code
    101.500(d).
    The
    hearing
    set to take
    place on
    October 1,
    2008, will
    proceed as
    scheduled.
    NORA’s
    motion states
    that counsel
    for
    the
    Illinois Environmental
    Protection
    Agency
    (Agency)
    did not
    object to the
    proposed
    extension.
    The Agency
    had
    prefiled its
    questions
    for
    the October
    1, 2008, hearing
    on
    September
    15, 2008.
    Under
    these
    circumstances,
    allowing the
    14-day
    response
    time to run
    would
    unduly
    delay
    this proceeding.
    NORA’s
    motion
    for extension
    of time
    is granted.
    IT
    IS
    SO
    ORDERED.
    Timothy
    J. Fox
    Hearing
    Officer
    Illinois
    Pollution
    Control
    Board
    100W.
    Randolph
    St.,
    Suite
    11-500
    Chicago, Illinois
    60601
    312-814-6085
    foxt@ipcb.state.il.us

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