ILLINOIS POLLUTION CONTROL BOARD

July 13,

1989

IN THE MATTER OF:

)

ELIZABETH STREET FOUNDRY,

INC.

)

AS 89-2

an Illinois corporation,

Petitioner.

ORDER OF THE BOARD

(by JD.

Dumelle):

This matter comes before the Board upon a June 30,

1989

filing of an adjusted standard petition by Elizabeth Street

Foundry,

Inc.

(“Petitioner”).

While

the petition conforms

generally to the requirements of

the recently adopted procedures

(R88-5(A),

June 8, 1989), Petitioner’s

response to Number H is

inadequate and the Board requires additional information.

35

Ill. Adm. Code 106.705(h)

requires:

“A statement which explains how the petitioner

seeks

to

justify,

pursuant

to

the applicable

level

of

justification,

the proposed adjusted

standard.”

In response, Petitioner states

that

there is

rio

applicable level

of justification.

While

it may be true that the regulation of

general applicability does not specify a level of

justification

for an adjusted standard, Section 28.1(c)

of

the Environmental

Protection Act

(Act),

Ill. Rev.

Stat.

ch.

111 1/2,

par.

1028.1(c), does.

The Board also notes that new procedural

rule

Section 106.903

restates the level o~justification required for

an adjusted standard where

the regulation of general

applicability does not

so state.

Unless an amended petition

is filed within 45 days of the

date of this Order,

this petition will be subject to dismissal

for deficiency.

IT

IS SO ORDERED.

I,

Dorothy M. Gunn,

Clerk of

the Illinois Pollution Control

Board,

her by certify that

t

above Order was adopted on

the

______________

day of

____________

,

1989 by a vote

of

7

-~

.

~/

//

Dorothy

M.

nn, Clerk

Illinois Porlution Control Board

101—2 13