ILLINOIS POLLUTION CONTROL BOARD
June 7, 2001
IN THE MATTER OF: )
)
PETITION OF PROGRESSIVE ) AS 01-7
ENVIRONMENTAL SERVICES, INC. ) (Adjusted Standard - NPDES)
(D/B/A ANTIFREEZE RECYCLING) FOR )
AN ADJUSTED STANDARD FROM )
35 ILL. ADM. CODE 721.131(c) )
ORDER OF THE BOARD (by S.T. Lawton, Jr.):
On March 15, 2001, Progressive Environmental Services, Inc. (PESI) filed with the
Board a petition for an adjusted standard pursuant to Section 28.1 of the Environmental
Protection Act (Act). 415 ILCS 5/28.1 (2000). PESI also requested in a cover letter to the
petition that the Board either waives any hearing in this matter or provides PESI with an
expedited hearing.
PESI requests that the Board make a solid waste determination pursuant to 35 Ill. Adm.
Code 720.131(c), using the adjusted standard procedures of 35 Ill. Adm. Code 104, to
determine that the reclaimed filtered antifreeze from the petitioner’s preliminary bag filtration
process at a customer’s site is a commodity-like material. Pet. at 1.
1 PESI petitions the Board
to find that its filtered antifreeze is not a solid waste under 35 Ill. Adm. Code 720.131(c), so
that its operation will not be subject to Board regulations concerning the manifest
requirements, transportation, and management of the initially filtered antifreeze. PESI alleged
that Board regulations would otherwise require it to obtain special waste permits to transport
and manage the antifreeze at its central processing facility, and to manifest and report all
shipments of antifreeze from its customers’ facilities to its central processing facility. Pet. at
3.
On April 19, 2001, the Board found that PESI properly published notice and properly
filed a certificate of publication, pursuant to Section 28.1 of the Act (415 ILCS 5/28.1 (2000))
and 35 Ill. Adm. Code 104.408 and 104.410. However, the Board determined that PESI did
not adequately address certain proof required by Section 28.1(c) of the Act (415 ILCS
5/28.1(c) (2000)), and information sufficiency requirements in Board regulations at 35 Ill.
Adm. Code 104.406, 104.426, and 720.131(c). See
In re
Petition of Progressive
Environmental Services, Inc. (April 19, 2001), AS 01-7. The Board directed PESI to file an
amended petition and to provide more information concerning its request for an expedited
hearing by May 21, 2001.
1
The Board will refer to the
March 15, 2001
PESI petition for an adjusted standard in this
matter as “Pet. at ___.”
2
On May 17, 2001, PESI filed an amended petition, which addressed most of the proof
and informational sufficiency requirements that the Board required in its April 19, 2001 order.
PESI filed revisions to the amended petition on May 29, 2001, to correct the numbering of its
attachments to the petition. Although PESI did not provide results from a Toxicity Characteristic
Leachate Procedure on the initially filtered antifreeze that is transported from the customers’
sites to the petitioner’s central processing facility, or identify the significance of attachment 4 in
the petition, the Board finds that the petition adequately satisfies the
proof requirements under
Section 28.1(c) of the Act (415 ILCS 5/28.1(c) (2000)), and information sufficiency
requirements in Board regulations at 35 Ill. Adm. Code 104.406, 104.426 and 720.131(c).
Accordingly, the Board accepts this matter for hearing.
PESI requested in both its March 15, 2001 petition and its amended petition on
May 17, 2001, that the Board either waive the hearing in this matter or grant an expedited
hearing to meet an alleged March 27, 2001 deadline imposed by the Illinois Environmental
Protection Agency (Agency). In response to the Board’s request for more information on the
matter, PESI attached a violation notice by the Agency. Amended Pet. at 2. The Agency
requested that PESI file a petition for an adjusted standard with the Board by the March 27,
2001 date. PESI requested the waiver or expedited hearing in response to the violation notice.
Amended Pet. at 1.
Section 104.420 of the Board’s procedural rules states that “any person can request that
a public hearing be held in an adjusted standard proceeding” within 21 days of the date of the
publication of the petition notice. 35 Ill. Adm. Code 104.420. Since no one has requested that
a hearing be held in this matter by April 5, 2001, which was 21 days after the March 15, 2001
publication notice, the hearing in this matter is waived.
Section 104.416 of the Board’s procedural rules specifies that the Agency must file its
recommendation with the Board within 45 days of the petition or amended petition for an
adjusted standard. 35 Ill. Adm. Code 104.416. Accordingly, the Agency must file its
recommendation by July 1, 2001, which is 45 days after the petitioner filed its May 17, 2001
amended petition. The Board will make its determination after receiving the Agency’s
recommendation on the requested adjusted standard.
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 7th day of June 2001 by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
