ILLINOIS POLLUTION CONTROL BOARD
    August 31, 1989
    NATIONAL ENVIRONMENTAL
    )
    SERVICES CORPORATION,
    )
    Petitioner,
    )
    v.
    )
    PCB 89—129
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD (by B. Forcade):
    On August 15, 1989, National Environmental Services
    Corporation filed a complaint and petition to contest conditions
    imposed on permit by the Illinois Environmental Protection
    Agency. The Board notes that this petition is timely filed
    pursuant to Section 40 of the Illinois Environmental Protection
    Act. However, the Board finds that the petition is deficient,
    in that it does not fulfill the requirements of 35 Iii. Mm. Code
    105.102(a)(2), which states in pertinent part:
    In the case of a denial of a permit or
    issuance by the Agency of a permit with one or
    more conditions or limitations to which an
    applicant objects, an applicant who seeks to
    appeal the Agency decision shall file a
    petition for a hearing before the Board within
    35 days of the date of mailing of the Agency’s
    final decision. 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 the
    regulations.
    102—257
    —2—
    Unless an amended petition is filed within 45 days of the
    date of this Order, curing the above—noted defects, this matter
    will be subject to dismissal. Pursuant to the Board’s rules and
    regulations, a filed amended petition restarts the statutory 120—
    day decision timeclock.
    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
    3R!
    day of _______________________, 1989, by a vote
    of
    ~
    •
    CI
    Dorothy M. G n, Clerk
    Illinois Pollution Control Board
    102—258

    Back to top