ILLINOIS POLLUTION CONTROL BOARD
    March 7, 2002
     
    IN THE MATTER OF:
     
    PETITION OF WORLD RECYCLING, INC.
    d/b/a PLANET EARTH ANTIFREEZE FOR
    AN ADJUSTED STANDARD FROM 35 ILL.
    ADM. CODE 720.131(c)
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    AS 02-2
    (Adjusted Standard - Land)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On February 1, 2002, World Recycling Inc. d/b/a Planet Earth Antifreeze (Planet Earth)
    filed a petition for an adjusted standard pursuant to Section 28.1 of the Environmental Protection
    Act (Act) 415 ILCS 5/28.1 (2000). In the petition, Planet Earth requested that the hearing in this
    matter be waived.
     
    Planet Earth requests that the Board grant an adjusted standard from 35 Ill. Adm. Code
    720.131(c), and seeks to show that its process of filtering used antifreeze at a customer’s site
    produces a commodity-like material that may be transported for further reconditioning without
    being regulated as a waste. Pet. at 1.
    1
    Planet Earth requests that the Board make a solid waste
    determination, in accordance with 35 Ill. Adm. Code 720.131(c), that the filtered used antifreeze
    is not a solid waste, and should not be regulated as such.
    Id.
    Specifically, Planet Earth is
    requesting that its operation not be subject to Board regulations concerning the manifest
    requirements, transportation and management of the initially filtered antifreeze.
     
    Section 28.1 of the Act (415 ILCS 5/28.1 (2000)) and 35 Ill. Adm. Code 104.408 require
    that notice of an adjusted standard proceeding be published in a newspaper of general circulation
    in the area affected by the petitioner’s activity. The notice must be published within 14 days of
    the filing of the petition.
    See
    35 Ill. Adm. Code 104.408(a). Planet Earth filed a certificate of
    publication with the Board on February 28, 2002. The certificate of publication indicates that
    legal notice was timely published on February 8, 2002, in the
    Rockford Register Star
    . The
    notice satisfies the requirements of Section 28.1 of the Act (415 ILCS 5/28.1 (2000)) and 35 Ill.
    Adm. Code 104.408 and 104.410.
     
    The Board finds that the petition adequately satisfies the proof requirements of Section
    28.1(c) of the Act (415 ILCS 5/28.1(c) 2000)) and the Board’s information sufficiency
    requirements of 35 Ill. Adm. Code 104.406, 104.426 and 720.131(c). Accordingly, the Board
    accepts this matter for hearing. As noted, Planet Earth has requested that the hearing in this
    matter be waived. Section 104.420 of the Board’s procedural rules allows any person to request
    a public hearing in an adjusted standard proceeding within 21 days of the date of the publication
    of the petition notice. 35 Ill. Adm. Code 104.420. In this case, any such request was due on or
    1
    References to the petition will be cited as “Pet. at __.”
     
    2
    before March 1, 2002. To date, no request has been received, and the hearing in this matter is
    waived.
     
    The Illinois Environmental Protection Agency (Agency) must file its recommendation
    within 45 days of the petition – on or before March 18, 2002.
    See
    35 Ill. Adm. Code 104.416.
    The Board will make a determination based on the pleadings after receiving the Agency’s
    recommendation.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on March 7, 2002, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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