ILLINOIS POLLUTION CONTROL BOARD
    June 5, 2003
     
    IN THE MATTER OF:
     
    PETITION OF METROPOLITAN WATER
    RECLAMATION DISTRICT OF GREATER
    CHICAGO FOR AN ADJUSTED
    STANDARD FROM: 35 Ill. Adm. Code 811,
    812, and 817, and MODIFICATION OF AS
    95-4 (Sludge application)
     
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    AS 03-02
    (Adjusted Standard – Land)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On May 2, 2003, the Metropolitan Water Reclamation District of Greater Chicago
    (District) filed an amended petition for an adjusted standard, a reply to the Illinois Environmental
    Protection Agency’s (Agency) response, and a motion to confirm that the amended petition for
    an adjusted standard need not be re-noticed (motion). The Board will first discuss the motion to
    confirm that the adjusted standard need not be re-noticed and then address the amended petition.
     
    The District asserts in the motion that the amended petition withdraws some of the relief
    requested in the petition and does not request additional relief or alternative relief. Section
    28.1(d)(1) of the Environmental Protection Act (Act) provides that “petitioner shall submit to the
    Board proof that, within 14 days after filing of the petition, it has published notice of the filing of
    the petition by advertisement in a newspaper of general circulation in the area likely to be
    affected.” 415 ILCS 5/28.1(d)(1) (2002). The District’s original petition was filed on
    February 11, 2003. On February 27, 2003, the District filed three certificates of publication
    indicating that notice of the adjusted standard was published in the
    State Journal Register
    on
    February 13, 2003, and in the
    Chicago Sun-Times
    and the
    Daily Southtown
    on February 18,
    2003. Thus, the District met the requirements of the Act by properly publishing notice of the
    original petition.
     
    In this instance, an additional notice of publication is not required by the Act. The
    amended petition withdraws the District’s request for certain relief and does not request
    additional relief or alternative relief. Therefore, the Board agrees with the District that there
    need not be a new notice of publication filed.
    See
     
    In Re
    Petition of Conversion Systems, Inc. for
    an Adjusted Standard from 35 Ill. Adm. Code 810.103, 811.306, and 811.507, AS 92-9 (Oct. 16,
    1992);
    In Re
    Petition of the City of Belleville for an Adjusted Standard from 35 Ill. Adm. Code
    306.305, AS 99-1 (Mar. 21, 2002).
     
    The Board finds that the amended petition is sufficient pursuant to Section 28.1(c) of the
    Act (415 ILCS 5/28.1(c) (2002)) and 35 Ill. Adm. Code 104.Subpart D. The Board accepts the
    amended petition and notes that the Agency has until June 16, 2003 to file a recommendation
    addressing the amended petition (
    see
    35 Ill. Adm. Code 104.416(a)).
     
    IT IS SO ORDERED.
     
    2
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on June 5, 2003, by a vote of 6-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
     

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