ILLINOIS POLLUTION CONTROL BOARD
    March 31,
    1994
    IN THE MATTER OF:
    )
    )
    PETITION OF RHONE-POULENC BASIC
    )
    CHEMICALS
    COMPANY
    and
    THORN
    CREEK
    )
    AS 94-7
    BASIN
    SANITARY
    DISTRICT
    )
    (Adjusted Standard)
    FOR
    AN ADJUSTED STANDARD
    FROM
    )
    35
    ILL.
    ADM. CODE 302.201 and
    )
    304.105
    )
    ORDER OF THE BOARD (by R.C. Flemal):
    On February 18,
    1994, Rhone-Poulenc Basic Chemicals Company
    (Rhone-Poulenc)
    and the Thorn Creek Basin Sanitary District
    (District)
    filed a petition for adjusted standard.
    Rhone-Poulenc
    and the District seek an adjusted standard regarding Rhone-
    Poulenc’s discharge to the District from its proposed facility
    located in Chicago Heights, and the District’s discharge to Thorn
    Creek.
    The discharges concern total dissolved solids and
    sulfates.
    Section 28.1 of the Environmental Protection Act 415 ILCS
    5/28.1
    (1992)
    (Act) authorizes the Board to dismiss the instant
    petition at any time if it determines that the petition is
    duplicative or frivolous, or that the petitioner is not pursuing
    disposition of the petition in a timely manner.
    In addition,
    Board regulations at 35 Iii.
    Adrn.
    Code 106.902(a)
    authorize
    dismissal if the petition is deficient with respect to the
    requirements of 35 Ill.
    Ac3jn.
    Code Sections 106.705,
    106.706,
    106.710 and 106.712.
    Section 28.1 also requires the Board to conduct a public
    hearing if the Board,
    in its discretion,
    determines a hearing
    would be advisable or if the Board receives a request for hearing
    from any person within 21 days of publication of public notice of
    the filing of the petition.
    The Board received proof of the
    notice publication on March 11,
    1994.
    An action before the Board is duplicative if the matter is
    identical or substantially similar to one brought in another
    forum (Brandle
    V.
    RoiDi~, PCB 85—68,
    64 PCB 263
    (1985)).
    An action
    before the Board is frivolous if it fails to state a cause of
    action upon which relief can be granted by the Board
    (Citizens
    for a Better Environment v
    Reynolds Metals Co., PCB 73-173,
    8
    PCB 46
    (1973)).
    A petition is deficient with respect to 35 Ill.
    Adni. Code Sections 106.705, 106.706,
    106.710 and 106.712
    if it
    omits any required information or lacks any required supporting
    affidavits or proofs as specified in those sections.
    There is no evidence before the Board to indicate this
    matter is identical or substantially similar to any matter
    2
    brought in another forum, nor is there any evidence that the
    Board cannot grant the relief requested.
    At this time,
    therefore, the Board finds that, pursuant to 35 Ill. Adm. Code
    103.124(a),
    the petition is neither duplicative nor frivolous.
    Since this action has just been filed, there is also no evidence
    before the Board that petitioner is not pursuing timely
    disposition of the petition.
    Additionally, at this time there is
    no evidence before the Board that the petition is deficient with
    respect to 35 Ill.
    Adm. Code Sections 106.705,
    106.706, 106.710
    and 106.712.
    Finally, the petitioners have waived their rights to a
    hearing in this matter.
    Section 281 of the Act allows for any
    person within twenty-one
    (21) days of the publication of the
    notice of the petition for an adjusted standard to request that a
    hearing be held.
    The notice was published on February 20, 1994.
    The Board has not received a request for a hearing in this
    matter, neither does the Board believe that a hearing would be
    advisable at this time; therefore none will be held.
    The
    Agency’s response to the petition is due to be filed on March 21,
    1994,
    30 days after the filing of the petition (35 Ill.
    Adin. Code
    714)
    This is a type of case for which the Act prescribes no
    deadline for decision, although as noted the Act requires the
    petitioner to timely pursue disposition of the petition.
    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
    _________________________________________
    1994, by a vote of
    _________________
    ,
    Clerk
    ution Control Board

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