ILLINOIS POLLUTION CONTROL BOARD
    November 16, 1995
    THF BELLEVILLE DEVELOPMENT L.P.,
    )
    )
    Petitioner,
    )
    )
    PCB 96-99
    v.
    )
    (Permit Appeal-Water)
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    )
    ORDER OF THE BOARD (by J. Yi):
    On November 3, 1995, THF Belleville Development, L.P., Inc.
    (THF Development) filed a petition for review of a permit
    regarding its facility, located in Belleville, St. Clair County,
    Illinois. THF Development is appealing a condition of its permit
    which would require carbon treatment of the discharge from its
    "SVE system", which it operates pursuant to the Illinois Pre
    Notice Site Cleanup Program, to the city sewer. (Pet at 1.)
    1
    On
    November 7, 1995, THF Development filed an amended petition which
    included two attachments.
    2
    THF Development stated that it filed
    the amended petition because it failed to include two attachments
    with its November 3, 1995 National Pollution Discharge
    Elimination System (NPDES) permit appeal. (Amend. Pet. at 1.)
    The first exhibit attached is a supplemental permit entitled
    "Illinois Environmental Protection Agency Water Pollution Control
    Permit" issued on October 5, 1995 to THF Development. (Amend.
    Pet. Exh. A.) The second exhibit attached is a letter to
    Illinois Environmental Protection Agency (Agency) personnel, Mr.
    Steve Nightingale, Permit Section. (Amend. Pet. Exh. B.) In
    that letter THF Development explains that the BTEX levels of the
    groundwater it will be discharging to the sewer line should not
    pose a danger which would require treatment prior to discharge to
    the sewer. (Amend. Pet. Exh. B at 2.) The last paragraph of
    this letter explains that they are filing this permit appeal
    because they recognize that the Agency may not be able to respond
    by November 6, 1995. (Amend. Pet. Exh. B at 2.)
        
    1
    The November 3 petition will be referenced as "Pet. at ",
    the Nov 7 amended petition will be referred to as "Amend. Pet.
    at", and the Illinois Environmental Protection Agency' motion to
    dismiss will be referenced as "Mot. at ".
        
    2
    It should be noted that the amended petition was served on
    Dorothy M. Gunn, Clerk of the Board and Ms. Mary Gade, Director
    of the Illinois Environmental Protection Agency.
    2
    The Agency on November 13, 1995 filed a motion to dismiss
    the permit appeal for failing to provide the necessary
    information in its petition pursuant the Board's procedural rule
    at 35 Ill. Adm. Code 105.102(a)(2). The Agency states "[t]he
    petition filed on November 3, 1995 lacks the mandatory
    information required by the Board regulations" and proceeds to
    list the lacking information. (Mot. at 2.) The Agency argues
    that the petition lacks; a citation of the particular standards
    under which the permit is sought, a complete and precise
    description of the facility and SVE equipment, a complete
    description of the contaminant emissions and proposed methods for
    their control and a demonstration that the activity will not
    cause a violation of the Environmental Protection Act and Board
    regulations. (Mot. at 2.)
    Regardless of whether THF Development has entitled its
    appeal, the Board agrees with the Agency in that this permit
    appeal is not an NPDES permit appeal but is a permit appeal of a
    water permit issued by the Agency pursuant to Section 39 of the
    Environmental Protection Act (Act) and brought by THF Development
    pursuant to Section 40 of the Act. (415 ILCS 5/39 and 5/40
    (1994).) Being such an action, the petition content requirements
    of the Board's procedural rule at 35 Ill. Adm. Code
    105.102(a)(2) apply to this matter. That rules states in
    pertinent part:
    The petition shall include:
    A) Citation of the particular standards under
    which a permit is sought;
    B) A complete and precise description of the facility,
    equipment, vehicle, vessel, or aircraft for which a
    permit is sought, including its location;
    C) A complete description of contaminant emissions and
    of proposed methods for their control; and
    D) Such other materials as may be necessary to
    demonstrate that the activity for which the permit is
    sought will not cause a violation of the Act or
    regulations.
    The Board agrees that the petition of November 3, 1995 is
    deficient in all of the above informational requirements.
    However the amended petition filed November 7, 1995 does address
    many of the informational requirements.
    Therefore, the Board denies the Agency's motion and directs
    THF Development to file another amended petition on or before
    January 19, 1996. Such amended petition should fully address the
    3
    informational requirements concerning description of the facility
    and equipment, a complete description of the contaminant and
    proposed methods for their control, and a description of the
    regulations applicable to its site. The filing of the amended
    petition will automatically restart the 120 days decision
    timeclock for this matter. Failure to file an amended petition,
    or any other appropriate motion, will cause this matter to be
    dismissed.
    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 , 1995, by a vote of
    .
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
      

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