ECEVED
ILLINOIS
POLLUTION
CONTROL
BOARD
CLERK’S
OFFICE
June
30,2009
-
JM
ib
2009
TN
THE
MATTER
OF:
)
STATE
OF
ILLINOIS
)
Pollution
Control
Board
AMEREN
ASH
POND CLOSURE
RULES
)
R09-21
(HUTSONVILLE
POWER
STATION):
)
(Rulemaking
- Land)
PROPOSED
35 ILL.
ADM.
CODE
840.10 1
)
THROUGH
840.144
)
NOTICE
OF HEARING
DATE,
TIME,
AND LOCATION:
TUESDAY,
SEPTEMBER
29, 2009
8:30AM
Crawford
County
Courthouse
Annex
County
Board
Room,
Second
Floor
100 Douglas
St. (directly
east
of Court
House
at corner
of
Douglas
and
Main Streets)
Robinson,
Illinois
AND,
IF BUSINESS
REMAINS
AT
THE
END
OF THE
HEARING
ON THAT
DAY,
CONTINUING
ON
WEDNESDAY,
SEPTEMBER
30,
2009, AT
8:30
AM
AT
THE
SAME
LOCATION.
PURPOSE
OF
HEARING:
Merit
and
Economic
ATTENDING
BOARD
MEMBER:
Andrea
S.
Moore
HEARING
OFFICER:
Timothy
J.
Fox
HEARING
OFFICER
ORDER
On
May
19,
2009,
Ameren
Energy
Generating
Company
(Ameren)
filed
a
proposal
(Prop.)
for site-specific
rulemaking.
Ameren
proposes
a new
subchapter
in the Board’s
waste
disposal
regulations
to address
the
closure
of
surface
impoundments.
Specifically,
Ameren
seeks
the adoption
of regulations
through
which
it
can close
Ash Pond
D at
its
Hutsonville
Power
Station
(Station)
near Hutsonville,
Crawford
County.
In an
order
dated
June 18,
2009, the
Board
accepted
the
proposal
for hearing
and
directed
the
hearing
officer to
proceed to
hearing.
The Board
will conduct
one
hearing in
order to allow
the proponent
and
any other
interested
participants
the opportunity
to
present
testimony
on the
merits
and
economic
impact
of
the
proposed site-specific
nile.
At hearing,
all
persons who
testify
will
be
sworn in and
subject
to
questioning.
The Board
will
also
receive
any testimony
on any
economic
impact study
(EcIS)
2
conducted
by the
Department
of
Commerce
and Economic
Opportunity
(DCEO)
on the
proposed
rules
or on DCEO’s
decision
not
to perform
an EcIS.
In setting
hearing
dates,
the Board
first
considered
its
general
workload
and the
days
of
rulemaking
hearings it
had
previously
scheduled.
Then,
in a hearing
officer
order dated
June
19,
2009,
the
Board proposed
four
specific
hearing dates
and directed
participants
to
indicate
through
electronic
mail
to the
hearing
officer
by
June 29,
2009 any of
those
four
proposed
dates
on
which
they would
not be
available.
Based
on
responses
from Ameren
and the
Illinois
Environmental
Protection
Agency,
and
as
indicated
in the
notice above,
the hearing
will begin
on
Tuesday,
September
29, 2009,
and,
if business
remains
at the end
of
hearing
on that day,
will
continue
on Wednesday,
September
30, 2009.
Pre-Filing
Deadlines
Participants
who intend
to testify
at
hearing
are urged
to pre-file
their testimony
and
are
directed
to serve
pre-filed testimony
on all
persons
on
the
Service
List.
Before filing
pre-filed
testimony
or any other
document
with
the Clerk,
please check
with the
hearing
officer or
the
Board’s
Clerk to
obtain the
most recent
version
of
the Service
List.
Participants
who wish
to
testify
at the
hearing
are
directed
to
pre-file
all
of their
testimony
and
any related
exhibits
no
later
than
Tuesday,
August 18,
2009. In
order to expedite
the hearing,
participants
are directed
to pre-file
questions
based
on
pre-filed
testimony no
later
than
Tuesday,
September
1, 2009.
Participants
whose
pre-filed
testimony
elicits
pre-filed
questions
are
directed
to pre-file written
answers
to those
questions
no
later than
Tuesday,
September
15, 2009.
The
“mailbox
rule”
at
35 Ill. Adm.
Code
101
.300(b)(2)
does not
apply
to
the filing
of any
of this pre-filed
testimony
or
pre-filed questions,
and
the
Board’s
Clerk must
receive
these
documents
before
the
close
of business
on the specified
dates.
However,
documents
may
be
filed electronically
though
the
Clerk’s
Office On-Line
(COOL)
from
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.
Order
of Hearing
At hearing,
all
pre-filed
testimony
will be entered
into
the record
as if read.
See 35
Ill.
Adm.
Code
102.424(f).
The
hearing officer
presently
intends
to begin
the
hearing
by
allowing
Ameren
as the proponent
to present
the
pre-filed testimony
of
all
of
its
witnesses.
A
witness
may
offer
a brief summary
of
pre-filed
testimony
if he
or she
wishes
to provide
one before
turning
to
any
follow-up
questions
based
on pre-filed
answers.
The
hearing officer
intends
to allow
any
participant
to ask
follow-up
questions
and, after
addressing
pre-filed questions
and
answers,
to
allow
participants
who
have
not
pre-filed
questions
to ask
them.
After Ameren
addresses
questions
from other
participants,
others
who have
pre-filed
testimony
will
testify.
Participants
who do
not
pre-file
testimony
will be allowed
to testify
after
the
conclusion
of
pre-filed
testimony
and questions
based
upon
it.
3
Any
participant
who wishes to offer
a public comment
at the hearing will
be allowed to
do
so
at
the close of pre-filed
testimony
and questions based
upon
it. In
addition,
the Board’s
procedural
rules include
an opportunity
to file post-hearing
comments. See 35
Ill. Adm.
Code
102.108(b).
Those
rules also provide that,
during any
first notice period,
“[t]he Board will
accept written
comments from any
person concerning
the proposed.”
35 Iii. Adm. Code
102.604.
Service
and Notice
Lists
The
Service List for
this rulemaking
is the list of persons
who wish
to
participate
actively
in this proceeding
and to
receive not only the Board’s
opinions
and orders but also
other filings
such as pre-filed
testimony and
public
comments.
The Notice List
includes participants
who
wish to receive
only the Board’s
opinions and orders
and
hearing
officer orders.
Note
that
interested persons
may
now request
electronic notice
of
filings
by
providing
their
e-mail address
through COOL
under this docket
number R09-2
1. This electronic
notice
includes notice
of the filing
of
documents
that are
not typically provided
to persons on the
Notice
List. In addition,
COOL provides
links to documents
filed with
the Board, and those documents
can be viewed,
downloaded,
and printed free of
charge as
soon
as they
are
posted
to the Board’s
Web
site.
For more information
about the
option of electronic notice
or COOL, please
consult
either the
Board’s Web site
at
www.ipcb.state.il.us
or John Therriault,
the Board’s
Assistant
Clerk, at
(312) 814-3629.
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