ILLINOIS POLLUTION CONTROL BOARD

January 6, 2005

 

IN THE MATTER OF:

 

PETITION OF SCA TISSUE NORTH

AMERICA, L.L.C.FOR AN ADJUSTED

STANDARD FROM: 35 Ill. Adm. Code

218.301 and 218.302(c)

 

)

)

)

)

)

)

 

 

 

AS 05-01

(Adjusted Standard – Air)

 

ORDER OF THE BOARD (by G.T. Girard):

 

This petition for an adjusted standard was filed with the Board on October 12, 2004.

Pursuant to Section 28.1(d)(1) of the Environmental Protection Act, “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). On December 2, 2004, the Board directed

petitioner to file proof of publication in this proceeding by December 30, 2004, or this petition

would be dismissed. On January 3, 2005, the Board received proof that the notice of the adjusted

standard was published in the

Chicago Tribune

on December 14, 2004, and

The Star Newspapers

 

on December 12, 2004.

 

Publication of notice of filing is jurisdictional. See

In re

Horsehead Resource and

Development Company, Inc., for an Adjusted Standard under 35 Ill. Adm. Code 720.131(c), AS

00-1(Aug. 5, 1999);

In re

Heritage Environmental Services, Inc. for an Adjusted Standard from

35 Ill. Adm. Code 702.126(d)(1), AS 00-14 (June 8, 2000). Petitioner’s publication of notice of

the filing of the adjusted standard did not occur within the 14-day period and, as a result, the

Board does not have statutory authority to hear the petition. Therefore, the Board dismisses this

petition for adjusted standard and the docket is closed.

 

IT IS SO ORDERED.

 

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board

adopted the above order on January 6, 2005, by a vote of 5-0.

 

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board