ILLINOIS POLLUTION CONTROL BOARD
    August 22, 1991
    IN THE MATTER OF:
    )
    PETITION OF DART CONTAINER
    )
    AS 91-6
    CORPORATION OF ILLINOIS for
    )
    (Adjusted Standard)
    Adjusted Standard from 35
    )
    Ill.
    Adm. Code 218.980
    )
    ORDER OF THE BOARD
    (by J.
    Theodore Meyer):
    On July
    19,
    1991,
    Dart
    filed
    a
    petition
    for
    an
    adjusted
    standard to Section 218.980 of Subpart TT of the air rules.
    On
    August
    6,
    1991 the Agency moved for dismissal of the petition as
    premature,
    in that Section 218.980 was not in effect at the time
    of the filing of the petition.
    Dart responded on August 19, 1991,
    asserting that the filing was made due to uncertainty
    concerning
    the inter—relation between these rules and federal rules.
    Section 218.980 was accepted for filing by the Secretary of
    State on August 16,
    1991.
    While the Board in the future will not
    accept premature filings,
    in this case the confusion expressed by
    Dart adequately explains its action.
    The Board denies the motion
    to dismiss, but will grant the Agency’s alternative request.
    The
    Agency
    is granted forty-five days from the date of this Order
    in
    which to file its response to 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
    ~
    ,
    1991, by a vote of
    7-(~)
    ~
    /~
    Dorothy M. G~n, Clerk
    Illinois Pollution Control Board
    125—423

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