ILLINOIS POLLUTION CONTROL BOARD
March 17, 2005
IN THE MATTER OF:
PETITION OF THE VILLAGE OF
BENSENVILLE FOR AN ADJUSTED
STANDARD FROM 35 ILL. ADM. CODE
620.410 REGARDING CHLORIDE AND
LEAD
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AS 05-2
(Adjusted Standard – Water)
ORDER OF THE BOARD (by A.S. Moore):
On January 3, 2005, the Village of Bensenville (Bensenville) filed a petition for an
adjusted standard from the Board’s groundwater quality standards. Specifically, Bensenville
seeks relief from the Class I or potable resource groundwater quality standards at 35 Ill. Adm.
Code 620.410(a) for chloride and lead. Bensenville requests less stringent standards for its
closed landfill site, which is located in Bensenville, DuPage County.
On January 20, 2005, the Board issued an order finding that Bensenville had satisfied the
requirement of newspaper notice for adjusted standard petitions under the Environmental
Protection Act (415 ILCS 5/28.1 (2002)), a prerequisite to the Board having jurisdiction over this
proceeding. In addition, the Board granted Bensenville’s motion for expedited review and its
motion to file a reduced number of petition copies. However, the Board’s January 20, 2005
order also identified several informational deficiencies in Bensenville’s petition and directed
Bensenville to file an amended petition by February 18, 2005, to cure them.
On February 17, 2005, Bensenville filed a motion to extend the deadline for filing the
amended petition to March 4, 2005, representing that the Illinois Environmental Protection
Agency (Agency) did not object to the motion being granted. On March 1, 2005, the hearing
officer granted Bensenville’s motion for additional time. On March 4, 2005, Bensenville filed
the amended petition. Bensenville included a motion to file a reduced number of amended
petition copies, which the Board grants.
The Board finds that the amended petition addresses the identified informational
deficiencies and that with its filing, Bensenville has satisfied the adjusted standard petition
content requirements of the Board’s procedural rules.
See
35 Ill. Adm. Code 104.406. As the
Board stated in its January 20, 2005 order, the Agency must file its recommendation within 30
days after being served with Bensenville’s amended petition. Bensenville, in turn, will have 14
days after being served with the Agency’s recommendation to file a response.
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 March 17, 2005, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board