ILLINOIS POLLUTION CONTROL BOARD
November 4, 2004
IN THE MATTER OF:
PETITION OF JOHNS MANVILLE FOR AN
ADJUSTED STANDARD FROM: 35 Ill.
Adm. Code 811.310, 811.311, 811.318, and
814
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AS 04-04
(Adjusted Standard – Land)
ORDER OF THE BOARD (by G.T. Girard):
On June 30, 2004, Johns Manville (JM) filed a request (Pet.) for an adjusted standard
pursuant to Section 28.1 of the Environmental Protection Act (Act) (415 ILCS 5/28.1 (2002)).
JM seeks relief from the landfill closure requirements pertaining to landfill gas monitoring and
management, and groundwater monitoring under 35 Ill. Adm. Code 814, 811.310(c)(1),
811.311(a)(1), and 811.318(b)(4). On August 5, 2004, the Board found that the petition was
deficient and directed petitioner to address the information requirements of Section 28.1 of the
Act (415 ILCS 5/28.1 (2002)) and Section 104.406 of the Board’s rules in an amended petition.
On September 30, 2004, petitioner filed an amended petition. Section 28.1 of the Act
(415 ILCS 5/28.1 (2002)) and 35 Ill. Adm. Code 104.408 require publication of a notice of an
adjusted standard proceeding in a newspaper of general circulation in the area affected by the
petitioner’s activity. The notice must be published within 14 days of filing a petition for an
adjusted standard with the Board.
See
35 Ill. Adm. Code 104.408(a). As required by 35 Ill.
Adm. Code 104.410, the petitioner timely filed a certificate of publication with the Board on
July 15, 2004. The notice of petition was published in the
News-Sun
on July 7, 2004. On
October 22, 2004, petitioner filed a certificate of publication indicating that notice of the
amended petition was published on October 6, 2004 in the
News-Sun
.
The Board finds that the notice meets the requirements of Section 28.1 of the Act (415
ILCS 5/28.1 (2002)) and 35 Ill. Adm. Code 104.408 and accepts this matter for hearing. The
Board notes that JM has indicated that JM might waive a hearing if the Illinois Environmental
Protection Agency concurs with the requested adjusted standard and no requests for hearings are
forthcoming from the public. However, the Board finds that a hearing would be advisable and
the Board directs the hearing officer to proceed expeditiously to hearing. At hearing JM should
be prepared to address the provisions of Section 814.402(b)(3)(B) (leachate characteristics) and
814.402(b)(3)(C) and (F) (groundwater quality). JM did not discuss those provisions of the
Board’s rules in the amended petition.
IT IS SO ORDERED.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on November 4, 2004, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
