ILLINOIS POLLUTION CONTROL BOARD
    March 16, 2006
    MAGIE BROS./PENRECO,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 06-142
    (NPDES Permit Appeal)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On February 23, 2006, the Board received a one-paragraph letter from Magie
    Bros./Penreco (Magie Bros.) signed by Steven Dresher, a quality assurance chemist. The letter
    referenced NPDES Permit No. IL 0036013 and 35 Ill. Adm. Code 302.211. The letter states
    that:
     
    Magie Bros. would like to apply for a variance in discharge water temperature.
    Magie Bros. would like to report discharge water temperature as a report only
    quantity and not be confined to maximum limits listed for each month.
     
    On February 27, 2006, the Board received a copy of the permit, issued on January 31, 2006,
    along with a cover letter in which the Illinois Environmental Protection Agency (Agency)
    responded to comments about the permits and the temperature limits. On March 6, 2006, the
    Board received a $75 filing fee.
     
    As filed with the Board, the petition has several deficiencies that Magie Bros. must
    address before the Board can go any further with this proceeding. First, the Board’s procedural
    rules explain that, under various Illinois laws “any person other than individuals must appear
    through an attorney-at-law licensed and registered to practice law.”
    See
    35 Ill. Adm. Code
    101.400(a)(2). Magie Bros. appears to be a company. If so, an attorney must file documents
    with the Board, not Magie Bros. quality assurance chemist.
     
    Second, this filing does not make clear exactly what sort of relief petitioner is requesting.
    This could be construed as a timely permit appeal, or, to the extent the filing refers to relief from
    the thermal limits of Section 302.211, the filing could also be looked at as a petition for a
    variance, adjusted standard, or site-specific rule. Since permit appeals must be filed within 35
    days of permit issuance, the Board has docketed this matter as a permit appeal to best preserve
    petitioner’s rights. But, from the nature of the Agency comments in the permit cover letter, it
    would appear that petitioner may need relief by way of variance, adjusted standard, or site-
    specific rule.
     
     
    2
    Third, the documents presently before the Board do not comply with the information
    requirements for any type of action. The information requirements for permit appeals, variances,
    adjusted standards, or site-specific rules are found in the Board’s procedural rules.
    See
    35 Ill.
    Adm. Code Parts 101, 102, 104, and 105.
     
    Finally, the documents currently before the Board do not indicate that they were served
    on the Agency as required by Section 101.304 of the procedural rules.
     
    The Board directs Magie Bros. to file an amended petition remedying the noted
    deficiencies and accompanied by an attorney’s appearance on or before April 10, 2006. The
    filing of an amended petition will restart the Board’s decision timeclock (described below). If an
    amended petition is not filed, this petition will be subject to dismissal. See 35 Ill. Adm. Code
    105.108. Dismissal of this docket due to failure to file an amended petition does not affect
    petitioner’s ability to later request a variance, adjusted standard, or site-specific rule, but it will
    prevent any later appeal of this permit.
     
    Because the Board is treating this case as a permit appeal, the Board will consider that
    there is a 120-day decision deadline (
    see
    415 ILCS 5/40(a)(2) (2004)), which only the petitioner
    may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by
    the decision deadline, the petitioner “shall be entitled to an Appellate Court order pursuant to
    subsection (d) of Section 41 of this Act 415 ILCS 5/41(d) (2004).” 415 ILCS 5/40(a)(3) (2004).
    Currently, the decision deadline is July 4, 2006 (the 120th day after March 6, 2006, the day the
    filing fee was paid).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before the
    decision deadline is scheduled for June 15, 2006.
     
    Magie Bros. is free to request additional time to comply with this order, but any request
    must be accompanied by petitioner’s decision deadline waiver giving the Board a full 120 days
    after the filing of an amended petition to schedule and hold a hearing and reach a decision.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on March 16, 2006, by a vote of 4-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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