ILLINOIS POLLUTION CONTROL BOARD
    August 22, 1991
    R. LAVIN & SONS, INC.
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 91—139
    )
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Re~pondent.
    ORDER OF THE BOARD (by B. Forcade):
    On August 15, 1991, R. Lavin & Sons, Inc. (“Lavin”) filed a
    petition to contest conditions iinposLd on an NPDES permit by the
    Illinois Environmental Protection Agency. The Board notes that
    this petition appears to be timely filed pursuant to Section 40
    of the Illinois Environmental Protection Act (“Act”). However,
    the Board finds that the petition is deficient, in that it does
    not fulfill the requirements of 35 Ill. Adm. 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;
    ***
    *
    (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.
    Specifically, the petition for review seeks to modify
    requirements in the NPDES permit to reflect the provisions of a
    consent order entered in People of the State of Illinois v. R.
    Lavin & Sons, Lake County Circuit Court #90 CH 668, October12,
    1990 regarding NPDES discharges from the subject facility. Laviri
    asserts that the consent order, “...imposes certain obligations
    on both the state and (Lavin) with regard to the permit.” Those
    claimed obligations include interim limits, restrictions on
    effluent limits which may be set by the Agency, effective dates,
    monitoring obligations, and provisions for amendment or
    modification of the terms of the consent order. (Pet. p.2—3).
    125—365
    2
    The petition before the Board is deficient in that it does
    not provide the Board with a copy of this consent order.
    Further, the Board questions whether this is not, in fact, an
    action seeking to enforce the terms of the consent order entered
    by the Circuit Court of Lake County and whether as such it would
    more properly be brought before that tribunal. The Board requests
    memoranda from the parties to be received at the Board not later
    :than September 23, 1991 addressing this Board’s jurisdiction to
    hear this action.
    Unless an amended petition is filed within 45 days of the
    date of this Order, curing the above-noted defect(s), this matter
    will be subject to dismissal. The Board notes that for purposes
    of calculation of a decision deadline pursuant to Section 40 of
    the Act, the filing of an amended petition will restart the
    calculation of the Board’s 120 day deadline.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby ce~tifythat the above Order was adopted on the
    ~“~—
    day of
    ___________________,
    1991, by a vote of
    7~
    Dorothy M. Qj~nn, Clerk
    Illinois Pollution Control Board
    125—366

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