ILLINOIS POLLUTION CONTROL BOARD
    October 1, 2009
    IN THE MATTER OF:
    AMEREN ASH POND CLOSURE RULES
    (HUTSONVILLE POWER STATION):
    PROPOSED 35 ILL. ADM. CODE PART
    840.101 THROUGH 840.144
    )
    )
    )
    )
    )
    )
    R09-21
    (Rulemaking - Land)
    ORDER OF THE BOARD (by A.S. Moore):
    On May 19, 2009, Ameren Energy Generating Company (Ameren) filed a proposal 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
    adoption of regulations through which it can close Ash Pond D at its Hutsonville Power Station
    near Hutsonville, Crawford County.
    Pursuant to a notice of hearing and hearing officer order issued on June 30, 2009, the
    Illinois Environmental Protection Agency (Agency) on August 18, 2009, proposed amendments
    to the regulations offered by Ameren. One of those proposed amendments added a new section
    entitled “Incorporations by Reference,” which listed eight separate sets of materials for
    incorporation. A motion to waive filing requirements (Mot.) accompanied the Agency’s
    proposal.
    The Agency requested a waiver from “the filing requirement for the incorporations by
    reference” listed in the Agency’s proposed amendments. Mot. at 1. The Agency states that “the
    titles for which this motion seeks relief from the filing requirements are already in the Board’s
    possession.”
    Id
    . The Agency further states that the Board’s technical staff has confirmed that
    the Board possesses the documents.
    Id
    . The Agency argues that “preparing and submitting
    additional copies of these documents would serve no purpose and would be unnecessarily costly
    and burdensome.”
    Id
    .
    Section 101.500(d) of the Board’s procedural rules provides, in pertinent part, that,
    “[w]ithin 14 days after service of a motion, a party may file a response to the motion. If no
    response is filed, the party will be deemed to have waived objection to the granting of the
    motion, but the waiver of objection does not bind the Board or the hearing officer in its
    disposition of the motion.” 35 Ill. Adm. Code 101.500(d). Having reviewed its substance, and
    in the absence of any timely objection to it, the Board grants the Agency’s motion for waiver of
    filing requirements.
    2
    IT IS SO ORDERED.
    I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
    the Board adopted the above order on October 1, 2009, by a vote of 5-0.
    ___________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

    Back to top