ILLINOIS POLLUTION CONTROL BOARD
    April
    25,
    1991
    LTV STEEL COMPANY,
    )
    Petitioner,
    v.
    )
    PCB 91-49
    )
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by
    J.
    C. Marlin):
    On March
    13,
    1991,
    LTV Steel Company,
    Inc.
    (LTV)
    filed
    a
    Petition for Review of an NPDES Permit.
    The petition stated
    that
    it sought review of certain conditions because the imposition of
    those condition
    is “unreasonable, arbitrary and capricious and
    contrary
    to federal and Illinois law and regulation.”
    On April
    11,
    1991 the Agency filed
    a Motion for
    Specification of the Alleged Errors upon which Petitioner Relies
    pursuant to 35
    Ill. Adm. Code l05.l02(b)(7).
    The Agency
    is
    seeking specification regarding the legal and factual basis
    for
    LTV’s contention that the imposition of conditions is
    unreasonable, arbitrary and capricious and contrary to federal
    and Illinois law and regulation”.
    On April
    18,
    1991,
    LTV responded to the Agency’s motion
    maintaining that its petition was sufficient.
    LTV maintains that
    the Agency’s request
    is beyond the scope of Section l05.l02(b)(7)
    in that the motion requests LTV to set out
    in advance
    of Board
    hearing all
    of the evidence and
    legal arguments LTV will rely on
    to prove its case.
    Section 105.102(b)(7)
    in its entirety states:
    The petition shall contain
    a statement of
    the decision or part thereof
    to be
    reviewed.
    The Board upon motion of any
    respondent shall,
    or upon
    its own motion
    may, require of the petitioner
    a
    specification of
    the errors upon which
    the petitioner relies on his petition.
    LTV specifically lists the challenged conditions
    in
    its
    petition.
    Thus, LTV has set forth the “errors upon which the
    petitioner relies.”
    Therefore,
    the Board denies the Agency’s
    motion.
    The Board notes
    that the Agency remains free
    to seek
    121—655
    —2—
    additional
    information prior
    to hearing
    through discovery.
    IT
    IS SO ORDERED.
    I,
    Dorothy M. Gunn,
    Clerk
    of the Illinois Pollution Control
    Board, hereby certify that th~above Order was adopted on
    the
    ~
    day of
    ___________________
    ,
    1991, by
    a vote
    of
    -7-a
    .
    Dorothy
    ?4’~7
    Gunn, ‘Clerk
    Illinois ~‘ollution Control Board
    121—656

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