RE CE ~V ~!D

CLERK’S

OFFICE

AUG

2

2004

BEFORE THE ILLINOIS

POLLUTION

CONTROL BOARD

STATE OF ILLINOIS

IN

THE MATTER OF:

)

Pollution Control Board

)

PETITION OF JO’LYN CORPORATION

)

and FALCON WASTE AND RECYCLING,

)

AS 04-02

INC. for an ADJUSTED STANDARD from

)

(Adjusted Standard

—

Land)

portions of 35

III.Adm.Code 807.103 and

)

35

III.Adm.Code 810.103, or in

the

)

alternative, A FINDING OF

)

INAPPLICABILITY.

)

NOTICE

OF

FILING

To:

(See attached Service

List.)

PLEASE TAKE

NOTICE that on this 2~’day of August 2004, the following was filed

with

the

Illinois

Pollution

Control

Board:

Proof

of

Amended

Petition

Notice

Requirements, which is attached and herewith

served

upon you.

JO’LYN CORPORATION

and

FALCON WASTE AND

RECYCLING,

INC.

~

74L~~

Attorney 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 l.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 August 2,

2004.

/~t

(~‘n~tte

M.

Podlin

xJ

Under penalties

as provided by law

pursuant to

735 ILCS

5/1 -109,

I

certify

that the statements set forth

herein

are true and correct.

---

6332-002

SERVICE LIST

AS 04-02

(Adjusted Standard

—

Land)

Mr.

John J.

Kim

Division of Legal Counsel, IEPA

1021

North Grand Avenue East

P.O.

Box 19276

Springfield,

IL 62794-9276

---

CONTROL BOARD

IN

THE MATTEROF:

)

PETITION OF

JO’LYN CORPORATION

)

and FALCON WASTE AND RECYCLING,

INC. for an ADJUSTED STANDARD from

portions of 35

III.Adm.Code 807.103 and

35 III.Adm.Code 810.103, or in

the

alternative, A FINDING OF

INAPPLICABILITY.

)

PROOF OF

AMENDED

PETITION NOTICE REQUIREMENTS

Petitioners JO’LYN

CORPORATION

and

FALCON

WASTE

AND

RECYCLING,

INC.

(collectively,

“petitioners”),

by their

attorneys

Swanson,

Martin

&

Bell,

hereby file

proof of compliance with

the

petition notice requirements.

1.

Petitioners

filed

their

amended

petition

for

adjusted

standard

with

the

Board on July 8, 2004, and a supplement to that amended

petition on July

14,

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 July 26,

2004, and was thus

published within the

14-day period allowed

by 415 ILCS

5/28.1

and

35

Ill.Adm.Code

104.408.

The

publisher’s

certificate

of

publication

is

attached as

Exhibit A.

Respectfully submitted,

JO’LYN CORPORATION and

FALCON WASTE AND RECYCLING,

INC.

By:~~~

REC~VED

CLERK’S OFFICE

AUG

2

2004

STATE OF ILLINOIS

Pollution 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

---

PUBLIC

NOTICE

NOTICE

OF

PETITION

BY

JO’LYN

CORPORATION AND

I, John Rung, do

hereby

FALCONWASTE ANP

RECYCLING

FOR ~iN

ADJUSTED

STANDARD

BEFORE THE

certify that

I

am the publisher

of the Northwest Herald,

POLLUTION’

CONTROL BOARD

Pursuant

to

the

provi-

a daily secular newspaper of general circulation within the county(s) of McHenry

SiOns

of

415

ILCS

.5/28.1

and

35

lll.AdmCode

104.408,

please

take

notice that onJuly 8, 2004,

and Kane,

regularly published in the

city

ofCrystal

Lake

and July 14,

2004; petition-

era Jo’Lyn Corporation and

Falcon

Waste

and

in the county of McHenry and state of Illinois, and which has been so published

Recycling

.

(collectively,

petitioners”)

filed

an

amend~d

petition

.

for

for more than 12

months

prior to the first publication of hereunta annexed

notice

or

adjusted

standard

and

a

supplement to that amend-

ad petition with

the

Illinois

advertisement relating to the

matter

of

Pollution

Control

Board.

The

petition

‘

éeeks

an

adjusted

standard

from

the

provisions

.

of

35

JO’LYN CORPORATION

& FALCON WASTE AND

RECYCLING

lll.Adm.Code

Part’8t17.103

and

35

Ill.Adm.code

.810.103,

or,

in the,ältema-

was published

in

said newspaper

I

time being

I

day

tive,

a finding thetis

inap-

plicable

to

petitioners.

Petitioners operate

a facili-

commencing

July 26,2004

ty

at

1200-North.

Rose

Farm

Road,

Woodstock,

McHenry

County,

Illinois,

and ending

July 26,

2004

whichyprocesses granulate

bituminousshingle material

(GBSM)

into

a

useful

which were the dates of first and last insertiions.

I

further

certify

that said

newspaper

paving product..GBSM45

a

clean

and

consistent

post-

production

material

gener-

ated at the end of the

man-

is a newspaper as defined by the terms and conditions of Chapter 100, paragraph I

et.

Seq.,

ufacturing

of

roofing shin~

gles,

such

as

tabs”

or

punch

outs,

and

miscol-

Illinois Revised Statutes 1981.

ored

or

damaged shingles.

GBSM

Is

not

post-con-

sumer

material

or

shingle

“tear-otis.”

.

Petitionerè

Given

under my handatCrystal Lake,

Illinois

seek

a

declaratthn

that

GBSM is

not

“waste,”

and

that:

thus

.

petitioners’

process

.is

riot

subject. to

the

requirements

of

35

lll.Adm.Code 807.103 or35

lll.Adm.Code

810103.

‘.In

July 26,

~

the

alternative,

petitioners

seek the

following adjt~sted

standard:

Jo’Lyn

.

corporation

and

Falcon

.

Waste

~:

and

__________________________

•Recyclir~g

a~E

hereby

I

granted

an

adjusted stan-

dard from the following def-

EXHIB

inilions

of 35

lll.Adm.Code.

807.104:

facility,”

“solid

waste,”

solid

waste

man-

LA

agement,”

“waste,”

and

‘unit.”

Jo’Lyn

Corporation

arid. Falcon

Waste

and

Recycling are further grant-

ed

an

adiusted

standard

from

the

following

defini-

tions

of

35

lll.Adm.Code

810.103: ‘facility,” “landfill,”

and

‘solid

waste,”

These

enumerated definitions

:do

not

apply

to

operations

conducted

by

Jo’Lyn

and/or Falcon

at the facility

in McHenry

County, Illinois,

sq long

as:

1.

Jo’Lyn

and

Falcon

continue

to use only clean

granulate

bituminous shin-

gle

material

(‘GBSM”)

acquired

from

a

manufac-.

turer of roofing products pr

other

source

of

clean

GBSM.

2.

For

purposes

of. this

adjusted

standard,

I3BSM

is

defined

as

“clean

and

consistent

post-production

material

generated

at

the

end of

the manufacturing of

roofing

shingles,

such

as

tabs

or

punchouts,

and

miscolored

or

damaged

shingles.

GBSM excludes

post-consumer

material

or

shingle tear-otis.”

3.

Jo’Lyn

,

and

Falcon

continue,

to

grind

the

GBSM into uniform pieces,

either

coarse

ground

or

fineground.

4. Jo’Lyn and

Falcon use

the

GBSM

chips

to

form

paving surfaces.

5.

Jo’Lyn

and

Falcon

operate the

facility

in com-

pliance

with

other

provi-

sions of

the

Environmental

Protection Act.

The

docket

number

of

the

petition is AS 94-002.

Any person may cause

a

public hearing to be lield in

the’~,

above-described

adjusted

standard

pro-.

ceeding by filing

a hearing

request

with

the

lllinois~

Pollution

Control

Board

within

21

days

after

the1

date

of

the

publication

~f,

this

notice.

The

hearing

request should clearly indi-

cate

the docket number for

the

adjusted

standard pro-

ceeding,

as

found

in

this,

notice, and must be mailedI

to

the clerk

of the

.Board,

Illinois

Pollution

Control

Board,

100

W.

Randolph

Street,

Suite

11-500,

Chicago, IL 60601.

(Published

in

.

the

Northwest

Herald

July

26,

2004)

___________

ACCNT 227050

AMNT

$159.30