REE~VE~

CLERK’S OFFICE

BEFORE THE

ILLINOIS POLLUTION CONTROL BOARD

i~AY

05

2004

IN

THE

MATTER OF:

)

STATE OF ILLINOiS

PoIJut~~~

Control Board

PETITION OF JO’LYN CORPORATION

)

and

FALCON WASTE AND RECYCLING

)

AS 04-02

for an ADJUSTED

STANDARD from

)

(Adjusted Standard

—

Land)

35

ILL.ADM.CODE PART 807 or,

)

in

the alternative, A FINDING

OF

)

INAPPLICABILITY.

)

NOTICE OF FILING

To:

(See

attached

Service List.)

PLEASE TAKE NOTICE that on this

5th

day of

May 2004,

the following was filed with

the Illinois Pollution

Control

Board:

Proof of Petition Notice Requirements,

which

is

attached and herewith

served

upon you.

JO’LYN CORPORATION

and

FALCON WASTE AND RECYCLING

By: ~bethS.Z~~

orney for Petitioner

Elizabeth S.

Harvey

SWANSON,

MARTIN & BELL

One IBM

Plaza,

Suite 3300

330 North Wabash Avenue

Chicago, Illinois

60611

Telephone:

(312)

321-9100

Firm I.D. No. 29558

CERTIFICATE OF SERVICE

I,

the

undersigned

non-attorney,

state

that

I

served

a

copy of the

above-described document

to

counsel of record in the above-captioned

matter via

U.S. Mail

at

One IBM

Plaza, Chicago,

IL 60611

on or

before 5:00 p.m. on

May 5, 2004.

/•

~

(~r~iette

M.

Podlin

x

Under penalties

as provided

by law

pursuant to

735 ILCS 5/1-1 09,

I

certify

that the statements set forth

herein

are true and correct.

---

Mr. John

J. Kim

Division of Legal Counsel,

IEPA

1021

North Grand Avenue East

P.O. Box 19276

Springfield,

IL

62794-9276

SERVICE LIST

---

BEFORE THE

ILLINOIS

POLLUTION

CONTROL BOARD

IN

THE MATTEROF:

)

)

PETITION

OF JO’LYN CORPORATION

)

and FALCON WASTE AND RECYCLING)

for an

ADJUSTED STANDARD from

)

35 ILL.ADM.CODE PART 807

or,

)

in the

alternative, A FINDING

OF

)

INAPPLICABILITY.

PROOF OF PETITION NOTICE REQUIREMENTS

Petitioners

JO’LYN

CORPORATION

and

FALCON

WASTE

AND

RECYCLING

(collectively,

“petitioners”),

by their attorneys,

Swanson,

Martin

&

Bell,

hereby file

proof

of compliance with

the

petition notice

requirements.

1.

Petitioners filed their petition for adjusted standard with

the

Board

on April

21,

2004.

2.

Petitioners

then

caused

publication,

in

the

Northwest

Herald,

of

the

required

notice

of

filing of

an

adjusted

standard

petition.

The

Northwest

Herald

is

a

newspaper of general circulation

in

McHenry County,

Illinois.

The

notice was

published

on April

30,

2004, and was thus published within the

14-day period allowed by 415 ILCS

5/28.1

and

35

lll.Adm.Code

104.408.

The

publisher’s

certificate

of

publication

is

attached as Exhibit A.

Respecifully submitted,

JO’LYN CORPORATION

and

FALCON WASTE AND RECYCLING

~

E C

~ n vr~

~

CLERK’S OFFICE

MAY

U

5

20O~

STATE OF ILLU\lO1S

P0lIüt~~n

Control Board

AS

04-02

(Adjusted Standard

—

Land)

---

Michael J. Maher

Elizabeth

S.

Harvey

Swanson,

Martin

& Bell

One IBM

Plaza,

Suite 3300

330 North Wabash Avenue

Chicago,

IL 60611

Telephone:

(312) 321-9100

Facsimile:

(312) 321-0990

---

I,

John

Rung,

do

hereby

certify

that

I

am

the

publisher

of

the

Northwest

Herald,

a

daily

secular

newspaper

of

general

circulation

within

the

county(s)

of

McHenry

and

Kane,

regularly

published

in

the

city

of

Crystal

Lake

in

the

county

of

McHenry

and

state

of

Illinois,

and

which

has

been

so

published

for

more

than

12

months

prior

to

the

first

publication

of

hereunto

annexed

notice

or

advertisement

relating

to

the

matter

of

JO’LYN/FALCON

DOC.

AS

94-002

was

published

in

said

newspaper

1

time

being

1

day

commencing

April

30,

2004

and

ending

April

30,

2004

which

were

the

dates

of

first

and

last

insertiions.

I

further

certify

that

said

newspaper

is

a

newspaper

as

defined

by

the

terms

and

conditions

of

Chapter

100,

paragraph

I

et.

Seq.,

Illinois

Revised

Statutes

1981.

Given

under

my

hand

at

Crystal

Lake,

Illinois

April

30,

2004

ACCT

227050

AMT

$125.10

NOTICE

OF

PETITION

AND

1.

Jo’Lyn

ana

t-aicon

E

AND

‘continue

to

use

only

clean

FOR

GBSM,

acquired

from

a

AN

ADJUSTED

manufacturer

of

roofing

STANDARD

BEFORE

products

or

other

source

of

THE

POLLUTION

clean

GBSM.

CONTROL

BOARD

2.

Jo’Lyn

and

Falcon;

Pursuant

to

the

provi-

continue

to

grihd

the

sions

of

415

fl_CS

5/28.1

GBSM

into

uniform

pieces.

and

35

lll.Adm.Code

either

coarse

ground

or

please

take

fine

ground..

notice

that

on

April

21,

~•

,io’Lyn

and

Falcon

use

petitioners

Jo’Lyfl

the

GBSM

to

form

paving

Corporatton

and

Falcon

surfaces.

Waste

and

Recycling

(col-

~

Jo’Lyn

and

Falcon.

lectively,

~petitioners”).tued

operate

the

facility

in

corn-

a

petition

for

adjusted

stan-

pliance

with

other

provi-

dard

with

the.

Illinois

sions

of

the

I

Pollution

Control

Board.

Profection

Act.

I

The

petition•

seeks

an

The

docket

number

011

adjusted

standard

from

the

the

petition

is

AS

94-002.

provisions

of

35

Any

person

may

cause

al

Adm.Code

Part

807,

or,

in

public

hearing

to

be

held

in

the

alternative,

a

.finding

the

abovede9Crib~

that

part

807

is

inapPlica

adjusted

standard

pro-

ble

to

petitioners.

cee~ing

by

filing

a

hearing

Petitioners

operate

a

I

acili-

request

with

the

Illinois

ty

at

1200

Rose

Farm

Pollution

Control

Board

Road,

Woodstock,

~ithin

21

days

after

the

McHenrY

county,

Illinois,

date

of

the

publication

of

which

processes

granulate

this

liotice.

The

hearing

bituminous

shingle

material

request

shoUld

clearly

mdi-

(GBSM)

into

a

useful,

cste

the

docket

number

for

paving

product.

GBSM

is

a

the

adjusted

standard

pro-

clean

and

consistent

post-

ceeding,

as

found

in

this

production

material

gener-~

notice,

and

must

be

mailed

ated

at

the

end

of

the

man-

to

the

Clerk

of

the

Board,

ufactUring

of

roofing

shin-

Illinois

pollution

Control

gles,

such

as

“tabs”

or

Board,

100

w.

Randolph

punch

outs,

and

miscol-

Street,

Suite

11-500,

ored

or

damaged.

shingles.

Chicago,

IL

60601.

GBSM

is

not

post-Con-

(Published

in

the

sumer

material

or

shingle

Northwest

Herald

April

30,

‘tear-Offs”.

petitioners

see

2

a

declaration

that

GBSM

is

0040

not

‘waste”,

and

that

thus

petitioners’

process

is

not

subject

to

the

requirements

of

35

fll.Adm.Code

Part

807

(entitled

“Solid

Wastd’).

In

the

alternative,

petitioners

seek

the

follow-

ing

adiusted

standard:

Jo’Lyn

corporation

and

Falcon

Waste

.

and

Recycling

are

hereby

granted

an

adjusted

stan-

dard

from

the

provisions

of

35

Ill.Adm.CO~~

Part

807.

The

requirements

of

Part

807

do

not

apply

to

recy-

cling

operations

conducted

by

Jo’Lyn

and/or

Falcon

at

the

facility

in

McHenry

county,

Illinois,

so

long

as: