ILLINOIS POLLUTION CONTROL BOARD
April 6, 2000
HERITAGE ENVIRONMENTAL SERVICE
INC.
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 96-146
(Permit Appeal - RCRA)
ORDER OF THE BOARD (by G.T. Girard):
On March 17, 2000, the Illinois Environmental Protection Agency (Agency) filed a
motion to dismiss this permit appeal. The petitioner responded to the motion on March 28,
2000.
The Agency, in its motion, concedes that “Special conditions (B)(10) and (B)(11) and
Attachments 1, 2, & 3 of Section VI (Special Conditions) of the RCRA Part B Permit” should
be removed. The Agency maintains that the removal of these conditions would “essentially be
the relief sought” by petitioner. Therefore the Agency asks that the Board enter an order
dismissing the permit appeal and either: 1) require the Agency to remove the conditions from
the RCRA Part B permit upon petitioner filing of an application to modify the permit; or 2)
require the Agency to simply strike the conditions.
The petitioner urges the Board to require the Agency to simply strike the conditions.
The Board has reviewed the petition for review filed on December 28, 1995, and the
Board agrees with the Agency and the petitioner. The removal of the conditions will grant the
relief requested by the petitioner. Therefore, the Board will grant the motion to dismiss and
directs the Agency to strike “Special conditions (B)(10) and (B)(11) and Attachments 1, 2, & 3
of Section VI (Special Conditions) of the RCRA Part B Permit.”
IT IS SO ORDERED.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above order was adopted on the 6th day of April 2000, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board