ILLINOIS POLLUTION CONTROL BOARD
    October 7,
    1993
    IBP Inc.,
    Petitioner,
    )
    v.
    )
    PCB 93—179
    )
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by G.
    T. Girard):
    On September 30, 1993,
    IBP Inc. filed a petition to contest
    conditions imposed on permit by the Illinois Environmental
    Protection Agency.
    The Board notes that this petition appears to
    be timely filed pursuant to Section 40 of the Illinois
    Environmental Protection Act
    (“Act”)
    .
    However, the Board finds
    that the petition
    is deficient,
    in that it does not fulfill the
    requirements of 35 Ill. Adm. Code 105.102(a) (2), which state in
    pertinent part:
    In the case of a denial of a permit or issuance by the
    Agency of a permit with one or more conditions or
    limitations to which an applicant objects, an applicant who
    seeks to appeal the Agency decision shall file a petition
    for a hearing before the Board within 35 days of the date of
    mailing of the Agency’s final decision.
    The petition shall
    include:
    (A)
    Citation of the particular standards under which a
    permit is sought;
    (B)
    A complete and precise description of the facility
    equipment, vehicle, vessel,
    or aircraft for which a
    permit is sought,
    including its location;
    (C)
    A complete description of contaminant emissions and of
    proposed methods for their control; and
    (D)
    Such other materials as may be necessary to demonstrate
    that the activity for which the permit
    is sought will
    not cause a violation of the Act or the regulations.
    In addition,
    it would be very helpful
    if the amended
    petition contained a copy of the permit denial letter/permit with
    contested conditions and a copy of the service certification.
    Unless an amended petition is filed within 45 days of the date of
    this order,
    curing the above-noted defect(s),
    this matter will be
    subject to dismissal.
    The Board notes that for purposes of
    2
    calculation of a decision deadline pursuant to Section 40 of the
    Act, the filing of an amended petition will restart the
    calculation of the Board’s 120 day deadline.
    IT IS SO ORDERED.
    I, Dorothy N.
    Gunn, Clerk of the Illinois Pollution Control
    Bo~rd,hereby certj,fy1~iatthe above order was adopted on the
    7
    (/~
    day of
    ____________________,
    1993, by a vote of
    7
    C
    ~
    ~.
    Dorothy N.
    cukin,
    Clerk
    Illinois Pc4~YutionControl Board

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