ILLINOIS POLLUTION CONTROL BOARD
March
8,
1991
TRANSTECHNOLOGY CORPORATION,
Petitioner,
)
v.
)
PCB 91-39
)
(Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD
(by B. Forcade):
On March
1,
1991, TransTechnology Corporation filed a
Petition for Review of Cleanup Objectives set by the Illinois
Environmental Protection Agency.
The Board finds that the
petition
is deficient,
in that it does not fulfill the
requirements of
35 Iii.
Adm. Code l05.102(a)(2), which states
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;
In particular, the petition fails
to state the particular
standards under which a permit was sought or
to provide
the Board
with a copy of any final permit.
If no permit
is involved,
the
petition fails
to state the Board’s jurisdiction to review the
January 25,
1991 letter from the Agency.
The parties are directed
to simultaneously brief with
specificity the issue of what jurisdictional basis exists
for the
Board to hear this action.
These filings must
be received in the
Board’s Office
by 4:30 p.m. on Friday, March
22,
1991 to allow
for consideration of the matter by the Board at
its regularly
scheduled meeting of March 28,
1991.
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 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.
120—07
—2—
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certif
that the above Order was adopted on the
_____
day of
__________________,
1991,
by a vote of
~
~
,~.
Dorothy
M. ~nn,
Clerk
Illinois P~J/lutionControl Board
120—08