ILLINOIS POLLUTION CONTROL BOARD

January 11,

1995

IN THE

MATTER

OF:

THE JOINT PETITION OF THE

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY

AND

CITY OF METROPOLIS

 AS 94-17

FOR

ADJUSTED

 STANDARD FROM

 (Adjusted Standard)

SUSPENDED SOLIDS,

 BOD5

AND

AMMONIA

NITROGEN REGULATIONS AT 35 ILL.

ADM.

 CODE PART 304

ORDER

OF THE

BOARD

 (by J. Yi):

On November 21,

 1994, the Illinois Environmental Protection

Agency (Agency) and the City of Metropolis

 (City)

 filed a joint

petition for adjusted standard relief pursuant to Section 28.1 of

the Environmental Protection Act

 (Act)

 and the Board’s procedural

rules at 35 Ill. Adm Code 106.701 et.

 seq.

 The City and the

Agency are requesting adjusted standard relief from the effluent

standards for suspended solids,

 BOD5 and ammonia nitrogen set

forth at 35 Ill.

 Adin. Code Part 304 as these standards apply to

the City’s wastewater treatment facility.

Section 28.1(d) (1)

 of the Act requires a petitioner of an

adjusted standard to

“...

 submit to the Board proof that, within

14 days after the filing of the petition,

 it has published

notice..

.“

 and 35 Ill.

Adm.

 Code 106.712 requires that “(w

 ithin

30 days after the filing of the petition, the petitioner shall

file a certificate of publication, issued by the publisher of the

petition notice certifying the publication of that notice.”

Therefore the City and the Agency had until December 21, 1994 to

file the certification of publication.

 Publication of notice of

filing is jurisdictional.

 (See, e.g.,

 In re Petition of Rhone—

Poulenc Basin Chemical Company,

 (January 20,

 1994), AS 93-9;

Leroy Brown

 & Sons. Inc..

 v. County Board,

 (February 4,

 1993) PCB

92-132,

 139 PCB 51; citing Kane County Defenders.

 Inc. v.

 PCB,

(2nd Dist.

 1985),

 139 Ill. App. 3d 588, 487 N.E.

 2d 743, and

Illinois Power Company v. PCB,

 (4th Dist.

 1985),

 137 Ill. App.

3d

499, 484 N.E. 2d 898.)

The Board has not recieved the required certification and

therefore dismisses this matter and directs the Clerk of the

Board to close this docket.

 Petitioner may refile the petition

and publish notice of the new petition within 14 days of that

filing in order to correct the defective notice.’

 See also In re Petition of the City of Wood River,

 (Nov.

3,

1994) AS 94-14 and In re Petition of the City of Wood River,

 (Nov.

3,

 1994)

 AS 94—16.

IT IS SO ORDERED.

I, Dorothy N.

 Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that

 e above order was adopted on the

/

 day of

 1995, by a vote of

Dorothy M.

Illinois Pol~

 Clerk

Ltion Control Board