ILLINOIS POLLUTION CONTROL BOARD
    October 21, 1999
    IN THE MATTER OF:
    PETITION OF THE ENSIGN-BICKFORD COMPANY
    FOR AN ADJUSTED STANDARD FROM 35 ILL. ADM.
    CODE 237.103
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    AS 00-5
    (Adjusted Standard - Air)
    ORDER OF THE BOARD (by N.J. Melas):
    On August 11, 1999, The Ensign-Bickford Company (EBCO) filed a petition for an adjusted standard
    (petition) with the Board under 35 Ill. Adm. Code 237.103. EBCO requested that the Board grant it relief from open
    burning restrictions in the Board’s rules for its facility at Wolf Lake in Union County. However, EBCO failed to
    timely cause publication of the required notice. As a result, the Board dismissed the petition, but allowed EBCO
    leave to refile the petition. See
    In re
    The Ensign-Bickford Company (September 23, 1999), AS 00-3.
    On September 23, 1999, EBCO refiled the petition for the adjusted standard with the Board under 35 Ill.
    Adm. Code 237.103. On that same date, EBCO filed a motion requesting that the Board incorporate the record from
    docket AS 00-3 into a new docket which the Board has numbered docket AS 00-5. Pursuant to Board regulations,
    EBCO caused timely publication of the required notice on September 30, 1999, and filed a certificate of publication
    with the Board on October 20, 1999. See 35 Ill. Adm. Code 106.711 and 106.712.
    The notice is required to inform interested persons that they may request a hearing on the adjusted
    standard petition. See 415 ILCS 5/28.1(d)(1) (1998). While EBCO’s notice included the information required by
    Section 28.1(d)(1), typographical errors in the notice may have impaired the notice’s effectiveness:
    1.
    The ZIP Code in the address to which interested persons are directed to send requests for a
    hearing was incorrect. That address is the Board’s Chicago office, and the ZIP Code published
    was 60610. The actual ZIP Code of the Board’s office is 60601. As a result of the error, a request
    for hearing may not have reached the Board.
    2.
    The notice states that the docket number for this matter is “PCB-AS 00-5” which is incorrect. The
    notice should state that the docket number is simply AS 00-5. This error may cause confusion
    between dockets AS 00-5 and PCB 00-5. PCB 00-5 is a docket that is completely unrelated to AS
    00-5.
    The errors are technical violations of 35 Ill. Adm. Code 106.711(b), but the Board concludes that the errors
    are not jurisdictional. Accordingly, the Board is not required to dismiss
    EBCO’s petition. In the interest of
    efficiency, the Board will allow EBCO to cure the errors and proceed with this petition. EBCO is hereby directed to
    publish a new notice, fully compliant with Section 106.711, within 14 days of the date of this order. Upon
    publication, EBCO must file a new certificate of publication with the Board.
    The Board accepts the refiled petition for hearing and grants the motion to incorporate the record from
    docket AS 00-3 into a new docket, AS 00-5.
    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 21st day of October 1999 by a vote of 6-0.
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    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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