ILLINOIS POLLUTION CONTROL BOARD
    July 26, 2007
    IN THE MATTER OF:
    PETITION OF THE ILLINOIS
    DEPARTMENT OF TRANSPORTATION,
    DISTRICT 8, FOR AN ADJUSTED
    STANDARD FROM 35 ILL. ADM. CODE
    302.208(g) (NPDES Permit No. ILD007095)
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    AS 07-7
    (Adjusted Standard – Water)
    ORDER OF THE BOARD (by T.E. Johnson):
    On June 8, 2007, the Illinois Department of Transportation (IDOT) filed a petition for an
    adjusted standard from the Board’s general use water quality standards. Specifically, IDOT
    seeks relief from the sulfates and total dissolved solids (TDS) standards at 35 Ill. Adm. Code
    302.208(g). IDOT’s petition for relief concerns discharge from its East St. Louis District 8
    Bowman Avenue Pump Station and Missouri Avenue Pumping system, which is subject to
    National Pollutant Discharge Elimination System (NPDES) permit No. ILD007095.
    Section 28.1(d)(1) of the Environmental Protection Act (Act) (415 ILCS 5/28.1 (2006))
    and Section 104.408(a) of the Board’s procedural rules (35 Ill. Adm. Code 104.408(a) (quoting
    the Act)) require the adjusted standard petitioner to publish notice of the petition’s filing by
    advertisement in a newspaper of general circulation in the area likely to be affected by the
    proposed adjusted standard. Under those provisions, publication must take place within 14 days
    after the petition is filed. The newspaper notice must indicate that any person may cause a public
    hearing to be held on the proposed adjusted standard by filing a hearing request with the Board
    within 21 days after publication.
    See
    415 ILCS 5/28.1(d)(1) (2006); 35 Ill. Adm. Code
    104.408(b).
    Within 30 days after filing the petition, petitioner must file a certificate of publication
    with the Board.
    See
    35 Ill. Adm. Code 104.410. Failure to publish within 14 days deprives the
    Board of statutory authority to hear the petition.
    See
    ,
    e.g.
    ,
    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) (dismissing adjusted standard petition for lack of jurisdiction when
    publication of notice took place after the 14-day period).
    More than 30 days have elapsed since IDOT filed its adjusted standard petition with the
    Board. IDOT has not filed a certificate documenting that the necessary notice of its petition was
    published within 14 days after the petition’s filing. On July 25, 2007, however, IDOT filed a
    “Notice of Withdrawal of Petition for Adjusted Standard,” which the Board construes as a
    motion to withdraw. The Board grants that motion, dismisses IDOT’s petition, and closes this
    docket. Nothing in this order precludes IDOT from filing another adjusted standard petition for
    the same relief and providing proof of the required notice.
    IT IS SO ORDERED.
    2
    I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on July 26, 2007, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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