ILLINOIS POLLUTION CONTROL BOARD
June 8, 2000
IN THE MATTER OF:
PETITION OF HERITAGE
ENVIRONMENTAL SERVICES, INC.
FOR AN ADJUSTED STANDARD FROM
35 ILL. ADM. CODE 702.126(d)(1)
)
)
)
)
)
)
AS 00-14
(Adjusted Standard - RCRA)
ORDER OF THE BOARD (by G.T. Girard):
This petition for an adjusted standard was filed with the Board on March 27, 2000. On
May 4, 2000, the Board directed the petitioner to file proof of publication as required by
Section 28.1(d)(1) of the Environmental Protection Act (Act). 415 ILCS 5/28.1(d)(1). On
June 2, 2000, petitioner filed proof that publication occurred on May 25, 2000. May 25, 2000,
is well after the 14-day notice required by the Act.
Publication of notice of filing is jurisdictional. See Petition of Horsehead Resource and
Development Company, Inc., for an Adjusted Standard under 35 Ill. Adm. Code 720.131(c)
(August 5, 1999) AS 00-1. Publication did not occur within the 14-day period and, as a result,
the Board does not have statutory authority to hear the petition. The Board therefore dismisses
the petition and directs the Clerk to close docket AS 00-14.
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 8th day of June 2000 by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board