ILLINOIS POLLUTION CONTROL BOARD
    March 2, 2006
     
    IN THE MATTER OF:
     
    PETITION OF BP PRODUCTS NORTH
    AMERICA, INC. FOR AN ADJUSTED
    STANDARD PURSUANT TO 35 ILL. ADM.
    CODE 721.122
    )
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    AS 06-2
    (Adjusted Standard - Land)
     
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    Today the Board dismisses a January 19, 2006 petition for an adjusted standard filed by
    BP Products North America, Inc. (BP). BP seeks an adjusted standard delisting leachate
    generated from the Pond 1 Landfill at the Riverfront Property, formerly the Amoco Wood River
    refinery, in Madison County.
    See
    35 Ill. Adm. Code 721.132. The Illinois Environmental
    Protection Agency (Agency) has not filed a recommendation in this matter.
     
    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., AS 05-1 (Jan. 6, 2005);
    In re
    Horsehead Resource and Development Company, Inc., AS
    00-1(Aug. 5, 1999);
    In re
    Heritage Environmental Services, Inc., AS 00-14 (June 8, 2000). BP
    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.
     
    Accordingly, the Board dismisses BP’s petition for an adjusted standard and closes the
    docket. BP may refile at a later date.
     
    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) (2004);
    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.
     
    2
     
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on March 2, 2006, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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