ILLINOIS POLLUTION CONTROL BOARD
February 9,
1995
THE JOINT PETITION OF
)
THE ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
AND
THE
)
AS 95-2
CITY OF METROPOLIS FOR AN
)
(Adjusted Standard-Water)
ADJUSTED STANDARD FROM 35
)
ILL. ADM. CODE PART 304 FOR
)
SUSPENDED SOLIDS,
5-DAY
)
BIOLOGICAL OXYGEN DEMAND
)
(BOD5)
AND
AMMONIA NITROGEN
)
ORDER OF THE BOARD:
On February 6,
1995,
the Illinois Environmental Protection
Agency and City of Metropolis filed
a joint petition for adjusted
standard accompanied by a motion to incorporate and a motion for
waiver of the filing requirements.
The petitioners are
requesting that pursuant to 5 Ill.
Adm. Code 101.106 the Board
incorporate into the present proceeding Exhibits A through V
filed in AS 94_17.1
The petitioners are also requesting that the
Board waive the filing requirement of 35 Ill. Adm. Code 101.106
which requires that four copies of the material to be
incorporated be filed with the motion to incorporate.
The Board grants the motion to incorporate and waiver of the
filing requirement.
The Exhibits A through V to the petition
from AS 94—17 shall be incorporated into AS 95—2.
Pursuant to 35 Ill.
Adju. Code 106.711, petitioner is
required to publish notice of the filing of the petition in a
newspaper of general circulation in the area likely to be
affected.
A certificate of publication shall be filed with the
Board within 30 days of the filing of the petition.
(35 Ill.
Adiu.
Code 106.712.)
Failure to publish the required notice or
file a certificate of notice with the Board may subject this
matter to dismissal.
Petitioner has requested a hearing in this matter.
(Pet.
at
18.)
However, the Board will not accept the petition for hearing
until after receipt of the certificate of publication.
IT IS SO ORDERED.
AS 94—17 was dismissed on January 11,
1995 as
petitioners’ notice had not been published pursuant to Section
28.1 of the Act.
2
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Bo~dhereby certif~ythat the above order was adopted on the.~
~7’Z~tday of
_________________,
1995, by a vote~of~
f_
J
~-U~1
?~k~/J~J
Dorothy N. ~u~in,Clerk
Illinois Po(l)jution Control Board