iECEVED

CLERK’S

OFFICE

ILLiNOIS

POLLUTION

CONTROL

BOARD

FEB

032009

February 3,2009

STATE

OF

ILUNOIS

Pojluton

Control

Board

IN THE MATTER

OF:

)

)

PROPOSED

AMENDMENTS

TO TIERED

)

R09-9

APPROACH

TO CORRECTIVE

ACTION

)

(Rulemaking

- Land)

OBJECTIVES

(35

ILL. ADM.

CODE

742)

)

HEARING

OFFICER

ORDER

Several

filings

deadlines

for

the

second

hearing

were

established

on the record

at

the

conclusion

of

the

first

hearing.

This

order will

further document

those filing

requirements.

As

provided

in

the

October

20, 2008

notice

of hearing,

the first

hearing

took

place

in Springfield

on

January

27, 2009,

and

the second

hearing is scheduled

for

March

17, 2009,

continuing

the

next

day if business

remains

at the

end of the

17th.

To

enhance

the productivity

of the second

hearing,

the hearing

officer is

requiring

prefiled

testimony,

prefiled

questions,

and

prefiled

answers. Any

person

who wishes

to testify

at

the second

heai-ing

must

prefile

his

or

her testimony

and

any related

exhibits with

the

Clerk

of the

Board

no later than

February

24, 2009.

The hearing

officer

directs

participants

to prefile

questions

by

March

5,

2009,

for

witnesses

who prefiled

testimony.

In

addition, the

hearing

officer

directs

those witnesses

to whom

prefiled

questions

are addressed

to

prefile answers

to

those prefiled

questions by

March 12,

2009.

The

“mailbox rule”

(35 Ill.

Adm.

Code

101

.300(b)(2))

does not

apply

to any

of these

filings—therefore,

the Clerk

must receive

the

prefiled

materials

by

4:30 p.m.

on the respective

deadline dates.

Prefiled

materials

may

be

filed

through

the Clerk’s

Office

On-Line

(COOL)

on

the

Board’s Web

site at www.ipcb.state.il.us.

Any

questions

about

electronic

filing through

COOL should

be

directed

to the

Clerk’s

Office

at (312)

814-3629.

All

timely

prefiled

materials

will

be entered

into

the record

as if

read at hearing,

unless

the

hearing

officer

directs

otherwise.

35 Ill.

Adm. Code

102.424(f).

Those who

prefile

testimony

and

related

exhibits,

questions,

or

answers are

requested

to bring

two

copies

of their prefiled

material

to the

second

hearing.

Participants

who

do

not prefile

testimony

will

be

allowed

to testify

at the

second

hearing

only

if

time permits

after all

prefiled

materials

are

addressed.

Prefiled

materials

filed with

the Clerk

must

also be

served on

those

persons

on the R09-9

Service

List, which

is

available

on

COOL.

IT

IS

SO

ORDERED.

Richard R.

McGill,

Jr.,

Hearing

Officer

Illinois

Pollution

Control

Board

100 West

Randolph

Street,

Suite 11-500

Chicago,

Illinois

60601

(312)

814-6983

or rncgillr(ipcb.state.il.

us