ILLINOIS POLLUTION CONTROL BOARD
    September 21, 2006
    IN THE MATTER OF:
    PETITION OF BIG RIVER ZINC
    CORPORATION FOR AN ADJUSTED
    STANDARD UNDER 35 ILL. ADM. CODE
    720.131(c)
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    AS 06-4
    (Adjusted Standard - Land)
    ORDER OF THE BOARD (by N.J. Melas):
    Big River Zinc Corporation (BRZ) seeks a Board determination that electric arc furnace
    dust (EAFD) proposed as feedstock for a new zinc recycling process is not a solid waste. BRZ
    operates an electrolytic refinery in Sauget, St. Clair County that produces zinc products for a
    variety of industrial and agricultural uses. BRZ seeks this determination through an adjusted
    standard petition under the Board’s hazardous waste management rules (35 Ill. Adm. Code
    720.131(c)).
    BRZ filed its petition for an adjusted standard on June 30, 2006. Along with the petition,
    BRZ also filed a motion for expedited review. BRZ filed a certificate of publication on
    July 19, 2006, documenting that the required newspaper notice of the petition was provided. On
    July 20, 2006, the Illinois Environmental Protection Agency (Agency) filed a recommendation in
    support of granting the petition.
    On August 4, 2006, the Board issued an order finding that BRZ had satisfied the
    requirement of newspaper notice for adjusted standard petitions under the Environmental
    Protection Act (415 ILCS 5/28.1 (2004)), a prerequisite to the Board having jurisdiction over this
    proceeding. In addition, the Board granted BRZ’s motion for expedited review. In that order,
    the Board also noted that BRZ had waived hearing.
    In an August 17, 2006 order, the Board identified several informational deficiencies in
    BRZ’s petition and directed BRZ to file an amended petition by September 15, 2006, to cure the
    deficiencies. Further, the Board directed the Agency to file any amended recommendation
    within 21 days after the Agency receives BRZ’s amended petition.
    On September 8, 2006, BRZ filed an amended petition. On September 18, 2006, the
    Agency filed a response to BRZ’s amended petition, recommending that the Board grant the
    amended petition. The Board finds that the amended petition addresses the identified
    informational deficiencies and that with the filing, BRZ has provided all of the information
    required for the requested solid waste determination.
    See
    35 Ill. Adm. Code 104.406,
    720.131(c). Consistent with the Board’s grant of expedited review and BRZ’s waiver of hearing,
    the Board will proceed to a final determination.
    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 September 21, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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