ILLINOIS POLLUTION CONTROL BOARD
    June 8, 2000
    IN THE MATTER OF:
    PETITION OF HERITAGE
    ENVIRONMENTAL SERVICES, INC.
    FOR AN ADJUSTED STANDARD FROM
    35 ILL. ADM. CODE 702.126(d)(1)
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    AS 00-14
    (Adjusted Standard - RCRA)
    ORDER OF THE BOARD (by G.T. Girard):
    This petition for an adjusted standard was filed with the Board on March 27, 2000. On
    May 4, 2000, the Board directed the petitioner to file proof of publication as required by
    Section 28.1(d)(1) of the Environmental Protection Act (Act). 415 ILCS 5/28.1(d)(1). On
    June 2, 2000, petitioner filed proof that publication occurred on May 25, 2000. May 25, 2000,
    is well after the 14-day notice required by the Act.
    Publication of notice of filing is jurisdictional. See Petition of Horsehead Resource and
    Development Company, Inc., for an Adjusted Standard under 35 Ill. Adm. Code 720.131(c)
    (August 5, 1999) AS 00-1. Publication did not occur within the 14-day period and, as a result,
    the Board does not have statutory authority to hear the petition. The Board therefore dismisses
    the petition and directs the Clerk to close docket AS 00-14.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 8th day of June 2000 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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