ILLINOIS POLLUTION CONTROL BOARD
April
20,
1995
IN THE MATTER OF:
)
PETITION OF TOMMY HOUSE TIRE
)
AS 95-1
FOR AN ADJUSTED STANDARD FROM
)
(Adjusted Standard
-
Land)
35 ILL. ADN. CODE 848.202
)
ORDER OF THE
BOARD
(by M. McFawn):
This matter is before the Board on a motion for
clarification filed by petitioner Tommy House Tire (Tommy House).
Tommy House seeks clarification of the Board March 9,
1995 order
finding its petition for adjusted standard deficient.
Tommy
House also seeks a thirty-day extension of the April
10,
1995
deadline for filing an amended petition established in the
Board’s March
9,
1995 order.
Both motions are hereby granted.
In the March 9,
1995 order, the Board found that the
petition for adjusted standard failed to satisfy the requirements
of 35
Ill.
Adm. Code 106.705(e),
in that the petition failed to
include a description of the efforts that would be necessary to
comply with the regulation of general applicability, or a
description of compliance alternatives,
or cost information.
Furthermore, the petition failed to satisfy the requirements of
35
Ill.
Adm. Code
106.705(f),
in that
it failed to provide
a
narrative description of the proposed adjusted standard.
The
Board also directed petitioner to submit for the Board’s review
the program plan it anticipates developing to satisfy the
Alternative Management Standards set forth at Section
848.206(a) (3) and
(c)(3),
including,
but not limited to,
information concerning tire storage arrangements, aisle space,
access to fire fighting personnel and equipment, and mosquito
inspection and control.
The Board does indeed anticipate that petitioner will
present to the Board this missing information concerning the
specific requirements
it proposes for its site.
Petitioner is
correct; the Board is requiring that petitioner submit this
information to the Board a priori,
so that the Board can
determine whether the discretionary language which petitioner
proposes as an adjusted standard will be appropriate for its
site.
This will not affect petitioner’s obligation to submit
such information to the Illinois Environmental Protection Agency
and the Department of Health under the proposed adjusted
standard.
Petitioner is directed to file an amended petition on or
before May 10,
1995, curing the petition’s deficiencies
identified in this order and the Board’s order of March
9,
1995.
2
Failure to file an amended petition by this date will subject
this matter to dismissal.
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
________________,
1995,
by a vote of
_______
G,u~in,
Pol~utionControl Board
(
I