ILLINOIS POLLUTION CONTROL BOARD
July 20,
1995
IN THE MATTER OF:
)
)
PETITION OF WESTERN LION
)
LIMITED FOR AN ADJUSTED
)
STANDARD FROM 35 ILL. ADM.
)
AS 95-7
CODE 814, SUBPART C
)
(Adjusted Standard
-
Air)
ORDER OF THE BOARD
(by R.C.
Flemal):
On June 5,
1995, Western Lion Limited filed a petition for
adjusted standard from 35 Ill. Adm Code 814,
Subpart
C.
Pursuant
to the Illinois Environmental Protection Act, Section 28.1(d) (1)
and the Board’s procedural rules at 35 Ill. Adm. Code 106.711,
petitioner is required to publish notice within 14 days after the
filing of the petition,
in a newspaper of general circulation in
the area likely to be
affected.
Such notice must include the
nature of the relief sought and advisement that any person has
the right to request a hearing within 21 days of the publication
of the notice.
(415 ILCS 5/28.l(d)(l)
(1992).)
A certificate of publication must be filed with the Board
within 30 days after the filing of the petition.
(35
Ill. Adm.
Code 106.712.)
Accordingly,
Western Lion Limited was to file
with
the Board such certification of publication on or before
July 5,
1995.
Western Lion Limited has not timely filed its
certification of publication.
This matter is dismissed and the Clerk of the Board is
directed to close
the
docket in this matter.
On July 13,
1995 western Lion Limited filed
a waiver of
Hearing and Motion for Leave to File Reply to Agency’s Response
to Petition ror Adjusted Standard.
on July 16, 1995 the Illinois
Environmental Protection Agency filed a Reply to Petitioner’s
Motion
f
or Leave to File Reply to Agency’s Response to the
Petition for Adjusted Standard.
However,
given the Board’s
closing of this docket, these motions are moot.
Western Lion Limited may refile the petition and publish
notice of the new petition within 14 days of that filing in order
to correct the defective notice.
IT
IS SO ORDERED.
I
I, Dorothy N.
Gunn,
Clerk of the Illinois Pollution Control
BoarQ.hereby certify~rt4~iatthe above order was adopted on tjie
~c’ç~7±t~
day of __________________,
1995, by
a vote of
_____
~/L.
Dorothy
N.
thay4n,
Clerk
Illinois PcrIyution Control Board