ILLINOIS POLLUTION CONTROL BOARD
    June 16, 2005
    IN THE MATTER OF:
    )
    )
    PETITION OF THE VILLAGE OF
    )
    AS
    05-2
    BENSENVILLE FOR AN ADJUSTED
    )
    (Adjusted Standard
    —
    Water)
    STANDARD FROM
    35
    ILL. ADM. CODE
    )
    620.410 REGARDING CHLORIDE AND
    )
    LEAD
    )
    ORDER OF THE BOARD (by A.S. Moore):
    On January 3, 2005, the Village ofBensenville (Bensenville) filed a petition for an
    adjusted standard from the Board’s Class I chloride and lead groundwater quality standards for
    Bensenville’s closed landfill site, which is located in Bensenville, DuPage County.
    On March 4,
    2005, Bensenville filed an amended petition to
    address infonnational deficiencies in the original
    petition.
    On June 3, 2002, Bensenville filed a second amended petition, withdrawing its request
    for relief from the lead standard.
    In this order,
    the Board finds that the second amended petition
    meets the content requirements ofthe Board’s procedural rules and directs the Illinois
    Environmental Protection Agency (Agency) to file its recommendation.
    In its
    original petition seeking less stringent standards, Bensenville sought relief from the
    Class I or potable resource groundwater quality standards at
    35
    Ill. Adm.
    Code 620.410(a) for
    both chloride and lead.
    According to Bensenville, the landfill site is currently used as a public
    golf course.
    Bensenville has represented that it requires an
    adjusted standard to be able to
    receive certification from the Agency that post-closure care monitoring at the landfill is
    complete.
    On January 20,
    2005, the Board issued an order findingthat Bensenville had satisfied the
    requirement ofnewspaper notice for adjusted standard petitions under the Environmental
    Protection Act
    (415
    ILCS
    5/28.1(2002)),
    a prerequisite to the Board havingjurisdiction over this
    proceeding.
    In addition, the Board granted Bensenville’s motion for expedited review.
    However, the Board’s January 20, 2005 order also identified several informational deficiencies
    in Bensenville’s original petition and directed Bensenville to
    file an amended petition to
    cure
    them.
    On March
    4,
    2005, Bensenville filed the amended petition.
    In a March
    17, 2005 order,
    the Board found that the amended petition addressed the identified informational deficiencies.
    On June 3, 2005, Bensenville filed a second amended petition.1
    Bensenville states that the most
    significant difference between its amended petition and its
    second amended petition is that the
    latter contains the “withdrawal ofBensenville’s request for an adjusted standard related to lead.”
    2d Am. Pet.
    at
    1.
    The Board cites the second amended petition as “2d Am. Pet. at
    .“
    2
    Bensenville explains its reasoning for no longer seeking relief from the lead standard:
    At the time Bensenville filed its original petition,
    current groundwater sampling
    data indicated that the groundwater quality standard for lead was not being
    exceeded.
    Because ofpast exceedences, Bensenville included relief for lead
    solely to provide additional support for its request for certification ofrelease from
    post closure care.
    .
    .
    .
    Yet after further review ofthe data, Bensenville
    determined that regulatory relief regarding lead is not necessaryandThat the
    request forthis relief complicated its petition regarding chloride.
    2d Am. Pet.
    at 1-2.
    Bensenville further states that it “conditionally waives” a hearing, adding that Bensenville
    “reserves the right to a hearingif the Agency chooses to recommend denial.”
    Id.
    at 28.
    The Board finds that the second amended petition satisfies the adjusted standard petition
    content requirements ofthe Board’s procedural rules.
    See 35
    Ill. Adm. Code
    104.406.
    The
    Agency must file its recommendation within 30 days after being served with Bensenville’s
    second amended petition.
    Bensenville, in turn, will have
    14 days after being served with the
    Agency’s recommendation to file a response.
    Lastly, consistent with this
    order, the Board will
    amend the caption ofthis proceeding, deleting from the caption the words “and lead.”
    Future
    filings should reflectthis amendment.
    IT IS
    SO ORDERED.
    I, Dorothy M. Gunn, Clerk ofthe Illinois Pollution Control Board,
    certify that the Board
    adopted the above order on June 16, 2005, by a vote of5-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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