ILLINOIS POLLUTION CONTROL BOARD

March 11,

1992

IN THE MATTER OF:

)

AS 91—3

PETITION OF PEORIA DISPOSAL CO.

)

(RCRA Delisting)

FOR AN ADJUSTED STANDARD FROM

)

(Adjusted Standard)

35 Iii. Adm. Code 721.Subpart D)

ORDER OF THE BOARD

(by N. Nardulli):

This matter is before the Board on the amended petition

filed by Peoria Disposal Co. on March 2,

1992.

That petition was

filed in response to the Board order of July 11,

1991.

The Board

also received a request for public hearing filed by Envirite

Corp.

on March

9,

1992.

Peoria Disposal Co. filed the amended petition with certain

claimed trade secret materials omitted pursuant to 35

Ill.

Adm.

Code 120.

Accompanying the copy bearing the claimed trade secret

materials was a letter.

That letter acknowledges that the

claimed materials were part of the petition filed April

11,. 1991,

and that the Board granted provisional protection to that

material on July 11,

1991 pursuant to a requested waiver of the

statutory deadlines for Board determination.

The Board construes

this filing as a waiver of the deadline for a Board determination

on the claimed trade secrets.

Section 106.415 of the Board’s adjusted standard procedures

states that “the Board will hold at least one public hearing

prior to granting an adjusted standard” from a state RCRA rule.

Therefore, the Envirite request for public hearing and Peoria

Disposal waiver of hearing are moot.

The Board hereby acknowledges receipt of the amended

petition in this matter.

The hearing officer shall proceed to

confer with the parties and arrange a date for public hearing

consistent with the Board’s resource constraints and the

expeditious disposition of this matter.

IT IS SO ORDERED.

I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control

Board, do hereby certify that the above Order was adopt~on the

/fC?~~

day of

7~o_~-~L

,

1992,

by a vote of

/()

Dorothy M.7~unn,Clerk

Illinois ~61lution Control Board

13 1—41