CLER’~ OPFICE
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
~
‘~‘~r
192003
IN
THE MATTER OF:
)
L
STATE OPIWNOJS
)
~
-0-I
PolI~tj0,,Control
Board
PETITION OF
)
ASx~-xxx
ARGONNE NATIONAL LABORATORY
)
(Adjusted Standard
-
X)
FOR AN ADJUSTED STANDARD
)
FROM
35
III. Adm.
Code 218.182
)
NOTICE OF
FILING
PLEASE TAKE NOTICE that
I have today filed with
the
Office of the
Clerk of
the Pollution Control Board the
MOTION TO REFILE ADJUSTED STANDARD
PETITION
AND
INCORPORATE
THE
RECORD
IN
AS
2003-3,
a
copy
of
which
is herewith served
upon you.
PLEASE TAKE
NOTICE ALSO that the above-referenced
MOTION
has been
printed
on
recycled paper meeting
the terms
of the Pollution
Control
Board’s
regulation
on that subject.
For THE UNIVERSITY OF CHICAGO:
(4i7~.L~~
William D.
Luck
Assistant General Counsel
Argonne National Laboratory
Operated by The University of Chicago
For the
U.S. Department of Energy
9700 S. Cass Avenue
Argonne,
Illinois 60439
(630) 252-7300
t~,-r’\~1~4-)
?~~‘j)
Date
CL~RK’5OFFICF
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
M/IY
~ 92003
IN
THE MATTER OF:
)
1STATE OF ILLINOIS
)
~
~
Control
Board
PETITION OF
)
AS xx-xxx
ARGONNE NATIONAL LABORATORY
)
(Adjusted Standard
-
X)
FOR AN ADJUSTED STANDARD
)
FROM
35
III. Adm.
Code 218.182
)
MOTION TO REFILE ADJUSTED STANDARD PETITION
AND INCORPORATE THE RECORD
IN AS 2003-3
Argonne
National
Laboratory
(Argonne),
as
represented
by
the
United
States
Department
of
Energy
and
The
University
of
Chicago,
hereby
submits
its
MOTION
TO
REFILE
ADJUSTED
STANDARD
PETITION
AND
TO
INCORPORATE
THE
RECORD
IN
AS
2003-3.
In
support
of
said
MOTION,
Argonne states as follows:
1.
On
April
22,
2003
Argonne
filed
with
the
Illinois
Pollution
Control
Board
its
PETITION
OF ARGONNE NATIONAL
LABORATORY FOR AN
ADJUSTED
STANDARD FROM
35
III. Adm.
Code
218.182, which the Board docketed as
AS 2003-3.
2.
Argonne
did
not
accomplish
the
publication
of
Notice
of
the
PETITION,
required pursuant to 35
III. Adm. Code
104.408, within
14 days of the filing of
the
PETITION.
3.
Accordingly,
the
Board lacks jurisdiction
over the
PETITION filed on April
22,
2003 and
is expected to dismiss that PETITION on
May 15,
2003.
4.
‘Argonne,
by this
MOTION,
is
hereby
refiling
the
referenced
PETITION
and
requesting the incorporation of the complete record of AS 2003-3.
5.
As part of the process of refiling
its
PETITION, Argonne will cause publication
of a
notice
advertisement
pursuant to
35
III.
Adm.
Code
104.408
within
14
days of the
refiling of the
PETITION.
6.
Following the publication of the
notice,
pursuant to
35111. Adm.
Code
104.410,
within
30 days following the
refiling of the
PETITION, Argonne will file with
the
Board a CERFITICATE OF PUBLICATION that certifies the
publication
of the
notice advertisement pursuant to 35
III. Adm.
Code
104.408.
7.
Because
this
MOTION
requests
incorporation
of
the
previously-filed
PETITION, the PETITION
is not attached to this-MOTION as an exhibit.
WHEREFORE,
Argonne
respectfully
submits
its
MOTION
TO
REFILE
ADJUSTED STANDARD
PETITION AND TO
INCORPORATE THE
RECORD
IN
AS 2003-3.
For U.S. DEPARTMENT OF ENERGY:
~7
Ic
~
icki
L.CP outy..
Oate
Assistant Chief Counsel
U.S.
Department of Energy
9800 S. Cass Avenue
Argonne,
Illinois 60439
(630) 252-2244
For THE
UNIVERSITY OF CHICAGO:
~
~
L~
~
i
c
-
William
D.
Luck
Date
Assistant General Counsel
Argonne National Laboratory
9700 S. Cass Avenue
Argonne,
Illinois 60439
(630) 252-7300
2
~EC~iVED
BEFORE THE
ILLINOIS POLLUTION CONTROL BOA~ERKS
OFFICE
M~Y19
2003
IN THE
MATTER OF:
)
)
~
~..O~-~1STATE
OF IWNOIS
PETITION
OF
)
AS
~~~Pollutf
on
Control Board
ARGONNE NATIONAL LABORATORY
)
(Adjusted Standard
-
X)
FOR AN ADJUSTED STANDARD
)
FROM
35
III. Adm. Code 218.182
)
APPEARANCE
I
hereby
file
my
appearance
in
this
proceeding,
on
behalf
of
the
U.S.
Department of Energy.
For U.S. DEPARTMENT OF ENERGY:
VckiL.F~ru~y
Assistant Chief Counsel
U.S. Department of Energy
9800 S. Cass Avenue
Argonne,
Illinois 60439
(630) 252-2036
~7W~41
/ST
2~8.
Date
CLERK’S OFFICE
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARW~Y192003
IN
THE MATTER OF:
)
STATE OF ILLINOIS
~,llutIon
Control Board
PETITION OF
)
AS xx-xxx
ARGONNE NATIONAL LABORATORY
)
(Adjusted Standard
-
X)
FOR AN ADJUSTED STANDARD
)
FROM
35
III. Adm.
Code 218.182
)
APPEARANCE
I
hereby file my appearance in this
proceeding, on
behalf of The
University of
Chicago.
For THE
UNIVERSITY OF
CHICAGO:
~
William D.
Luck
Assistant General Counsel
Argonne National Laboratory
Operated by The University of Chicago
For the
U.S. Department of Energy
9700 S. Cass Avenue
Argonne,
Illinois 60439
(630) 252-7300
Date
RE .C
E
~V E ~
CLERK’S
~
BEFORE THE ILLINOIS
POLLUTION CONTROL BOA~4b~
192003
STATE
OF IWNOIS
IN
THE
MATTER OF:
)
polluttofl
Control Board
PETITION OF
)
AS xx xxx
ARGONNE NATIONAL LABORATORY
)
(Adjusted Standard
-
X)
FOR AN ADJUSTED STANDARD
)
FROM
35
III. Adm.
Code 218.182
)
CERTIFICATE OF SERVICE
I,
the undersigned, certify that
I have served
the original and nine (9) duplicate
copies of the attached MOTION TO REFILE ADJUSTED STANDARD
PETITION AND INCORPORATE THE RECORD
IN AS 2003-3,
upon the
following person, by depositing it with
FEDERAL EXPRESS on this date:
Pollution Control Board
Attention: Clerk
100 W. Randolph Street
James
R. Thompson Center
Suite 11-500
Chicago,
Illinois 60601-3218
I further certify that
I have served one (1) copy of the attached MOTION TO
REFILE ADJUSTED STANDARD PETITION AND INCORPORATE THE
RECORD
IN AS 2003-3 upon the following person,
by depositing it with
FEDERAL EXPRESS on this date:
Rachel Doctors
Division of Legal Counsel
Illinois
Environmental Protection Agency
1021
North
Grand Avenue
East
P.O.
Box 19276
Springfield,
Illinois 62794-9276
For THE
UNIVERSITY OF CHICAGO:
William D.
Luck
Assistant General Counsel
Argonne National Laboratory
Operated by The University of Chicago
For the U.S. Department of Energy
9700 S. Cass Avenue
Argonne,
Illinois 60439
(630) 252-7300
Date
I’