ILLINOIS POLLUTION CONTROL BOARD
    April 17, 1997
    IN THE MATTER OF:
    PETITION OF SOUTHERN ILLINOIS
    REGIONAL LANDFILL, INC. (SIRL) FOR
    AN ADJUSTED STANDARD FROM 35
    ILL. ADM CODE 811.309
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    AS 97-7
    (Adjusted Standard - Land)
    ORDER OF THE BOARD (by M. McFawn):
    On February 11, 1997, Southern Illinois Regional Landfill, Inc. (SIRL) filed a petition for
    an adjusted standard from 35 Ill. Adm. Code 811.309. SIRL filed an amended petition on March
    31, 1997 providing additional information as requested by the Board. Pursuant to Section
    28(d)(1) of the Environmental Protection Act and 35 Ill. Adm. Code 106.711 of the Board's
    procedural rules, petitioner is required to publish notice of the filing of the petition within 14 days
    after the filing in a newspaper of general circulation in the area likely to be affected. Such notice
    must include the nature of the relief sought and advisement that any person has the right to
    request a hearing within 21 days of the publication of the notice. (415 ILCS 5/28. l(d)(1) (1994).)
    A certificate of publication must be filed with the Board within 30 days after the filing of
    the petition. (35 Ill. Adm. Code 106.712.) Accordingly, SIRL was to file with the Board such
    certification of publication on or before March 13, 1997. SIRL has not timely filed its certificate
    of publication. SIRL has informed the Board that SIRL did not publish the required notice of the
    filing of the petition or the amended petition. Because the time to publish the required notice has
    lapsed, the Board lacks jurisdiction and must dismiss this matter.
    This matter is dismissed and the docket is closed. SIRL may refile its petition, publish
    notice of the new petition within 14 days of that filing and submit a certificate of publication with
    the Board in order to correct the defective notice.
    1
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the ______ day of ____________, 1997, by a vote of
    ___________.
    1
    On April 15, 1997, SIRL refiled its petition with the Board. The refiled petition has been
    docketed as AS 97-8. The Board will wait for the filing of the certificate of publication before
    taking further action on the refiled petition.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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