ILLINOIS POLLUTION CONTROL BOARD
    March 17, 2005
     
     
    IN THE MATTER OF:
     
    PETITION OF WASTE MANAGEMENT OF
    ILLINOIS, INC. FOR RCRA WASTE
    DELISTING UNDER 35 ILL. ADM. CODE
    720.122 FOR SOLID TREATMENT
    RESIDUAL FOR CID RECYCLING AND
    DISPOSAL FACILITY BIOLOGICAL
    LIQUID TREATMENT CENTER
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    AS 05-3
    (Adjusted Standard - Land)
     
     
    ORDER OF THE BOARD (by N.J. Melas):
     
    Today the Board dismisses this petition for an adjusted standard due to several
    deficiencies in the petition.
     
    Waste Management of Illinois, Inc. (Waste Management) seeks a Resource Conservation
    and Recovery Act (RCRA) hazardous waste delisting for lime conditioned filter cake from the
    treatment of hazardous and non-hazardous leachates and wastewaters at Waste Management’s
    facility in Calumet City. On January 28, 2005, Waste Management filed this request for relief.
     
    First, the Board’s procedural rules require that “[i]f filed singly, the petitioner shall also
    serve the petition upon the Agency . . .” 35 Ill. Adm. Code 104.402. Here, Waste Management
    did not serve the Environmental Protection Agency. Second, a petition for an adjusted standard
    must contain “[a] statement requesting or waiving a hearing on the petition . . .” 35 Ill. Adm.
    Code 104.406(j). Each petition for an adjusted standard requesting RCRA delisting filed with
    the Board must fulfill the specific petition content requirements listed at Section 720.122 and
    104.406, or explain why one or more of the listed requirements do not apply. 35 Ill. Adm. Code
    104.406, 720.122. There is no statement in the petition indicating whether the petitioner requests
    or waives hearing.
     
    Third, the Board rules provide that “[w]ithin 30 days after the filing of the petition, the
    petitioner must file a certificate of publication, issued by the publisher of the petition notice
    certifying the publication of that notice.” 35 Ill. Adm. Code 104.410. Further, publication of
    notice of filing within 14 days after filing is jurisdictional.
    See
     
    In re
    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 05-1 (Jan. 6, 2005);
    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). Waste Management did not file proof of publication
    with the Board. As a result, the Board has no basis to conclude that it has statutory authority to
    hear the petition.
     
     
    2
    Finally, there is no proof of service accompanying the petition (35 Ill. Adm. Code
    101.304(d)) or indication that the attorney who signed the cover letter is licensed to practice law
    in Illinois (35 Ill. Adm. Code 101.400(a)).
     
    For these reasons, the Board dismisses Waste Management’s petition for an adjusted
    standard and closes the docket. Waste Management may refile at a later date curing the
    deficiencies listed in this order and requesting the Board to waive filing of the petition itself due
    to its large volume.
     
    IT IS SO ORDERED.
     
    Section 41(a) of the Environmental Protection Act provides that final Board orders may
    be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
    order. 415 ILCS 5/41(a) (2002);
    see also
    35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
    Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
    Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
    Board’s procedural rules provide that motions for the Board to reconsider or modify its final
    orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
    101.520;
    see also
    35 Ill. Adm. Code 101.902, 102.700, 102.702.
     
    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
     

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