ILLINOIS POLLUTION CONTROL BOARD
June
2,
1994
BTL SPECIALTY RESINS
CORPORATION,
Petitioner,
V.
PCB 94—160
)
(Permit Appeal)
)
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER
OF
THE
BOARD:
On May 26,
1994, BTL Specialty Resins Corporation (BTL)
filed a petition captioned “Petition for Review of Final
Hazardous Waste Determination”.
The petition concerns operations
at BTL’s plant located in Blue Island, Cook County, Illinois.
BTL seeks to appeal “the April 26,
1994 decision of the Illinois
Environmental Protection Agency (Agency
determining that certain
material produced by BTL is a hazardous waste under category
K022”.
The Board questions whether this “appeal” is properly before
the Board.
The petition cites no section of the Act or Board
regulation as providing the jurisdictional basis for this appeal.
The only regulation cited in this petition is Section 721.132
“Hazardous Waste from Specific Sources”.
This rule does not by
its terms provide for this type of appeal.
It states:
The following solid wastes are listed hazardous waste
from specific sources unless they are excluded under
35
Ill.
Adm. Code 720.120 and 720.122 and listed in
Section 721.Appendix
I.
This introductory sentence is followed by a list of chemical
waste numbers, including 1(002.
The sections cited in Section 721.132, above are each
sections which prescribe procedural mechanisms for waste
delisting by action of the Board.
Section 720.120 “Rulemaking”
specifies how persons may petition the Board for various
amendments to its rules.
Section 720.122 “Waste Delisting”
provides procedures for obtaining a waste delisting in an
adjudicatory procedure.
Nowhere is the appeal route which
petitioner seeks to employ specifically authorized in this rule.
If an amended petition setting forth the juridictional basis
2
for this “appeal” is not filed within 21 days of the date of this
order, this petition will be subject to dismissal.
The Board additionally notes that this petition is
accompanied by a “waiver of requirement for Agency or Board to
take action in response to its appeal” until August 17,
1994.
The purpose of this purported waiver is to allow BTL and the
Agency to negotiate settlement.
Until the jurisdictional basis
for this appeal is established, the Board does not consider that
the Board or the Agency are required to take any actions by any
particular dates.
IT IS SO
ORDERED.
I, Dorothy N. Gunn,
Clerk of the Illinois Pollution Control
Boarc1, hereby cer
y that the above order was adopted pn the
~77-t’ day of
________________,
1994,
by
a vote of
~
~
Ill
Control Board