BEFORE THE ILLINOIS POLLUTION CONTROL BOARDRE
LECRK
E
OivFFIECED
DEC 1 2 2007
STATE OF ILLINOIS
Pollution Control Board
-es
08-6
(Adjusted Standard Petition)
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Respondent.
NOTICE OF FILING
To: Kyle
Davis
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
PLEASE TAKE NOTICE that, on December I?: 2007, I filed with the Office of
the Clerk of the Pollution Control Board PROOF OF PUBLICATION, a copy of which is
herewith served upon you.
Dated: December '2007
Neal H. Weinfield
Jason
B.
Elster
GREENBERG TRAURIG, LLP
Firm No. 36511
77 West Wacker Drive, Suite 2500
Chicago, Illinois 60601
312-456-8400 (Telephone)
312-456-8435 (Facsimile)
weinfieldn@gtlaw.com
elsterj@gtlaw.com
BIOMEDICAL TECHNOLOGY SOLUTIONS,
INC., a Colorado Corporation,
Petitioner,
v.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
BIOMEDICAL TECHNOLOGY SOLUTIONS,
INC., a Colorado Corporation,
Petitioner,
v.
?
PeB 08-6
(Adjusted Standard Petition)
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Respondent.
CERTIFICATE OF SERVICE
I, Kathryn A. Dugan, an attorney, hereby certify that I caused a true and correct
copy of the foregoing PROOF OF PUBLICATION to be served before 5:00 p.m. via
First Class Express Mail, overnight delivery, postage pre-paid, on the following:
Kyle Davis
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Dated: December
17
2007
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD CLERKS
R ECE
OFFICE
IVED
BIOMEDICAL TECHNOLOGY SOLUTIONS,
INC., a Colorado Corporation,
Petitioner,
)
DEC I 2 2007
)
)
STATE OF ILLINOIS
Pollution
Control Board
)
v.
?
8-6
(Adjusted Standard Petition)
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Respondent.
PROOF OF PUBLICATION
Petitioner BioMedical Technology Solutions, Inc. ("BMTS"), by and through its
undersigned attorneys and pursuant to 35 I.A.C. 104.400
et seq.
and 715 ILCS 5/1, hereby
submits proof of publication that BMTS has published notice of the filing of its Petition for
Adjusted Standard in the
State Journal Register
and the
Chicago Tribune.
Certificates of
Publication for both newspapers are attached hereto collectively as Exhibit A.
Respectfully Submitted,
BIOMEDICAL TECHNOLOGY SOLUTIONS, INC.
Dated: December 12<2007
Neal H. Weinfield
Jason B. Elster
GREENBERG TRAURIG, LLP
Firm No. 36511
77 West Wacker Drive, Suite 2500
Chicago, Illinois 60601
312-456-8400 (Telephone)
312-456-8435 (Facsimile)
weinfieldn@gtlaw.com
elsterj@gtlaw.com
Exhi pit
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TS VICE P IDENT
Certificate of Publication in THE STATE JOURNAL-REGISTER by GateHouse Media Illinois Holdings, Inc.
STATE OF ILLINOIS
COUNTY OF SANGAMON ss
GATEHOUSE MEDIA ILLINOIS HOLDINGS, INC.,
DOES HEREBY CERTIFY:
That it is a corporation duly organized and existing under the laws of the State of Illinois;
That it is the publisher of
The State Journal-Register, a
secular daily newspaper printed and published in the City of
Springfield, in Sangamon County, Illinois, and of general circulation in said City, County and State; and that it is a
newspaper as defined in "An Act to revise the law in relation to notices" - Illinois Compiled Statutes, Chapter 715 Sections 1
and 5.
That a notice of which the annexed is a true copy has been regularly published in said newspaper one time ; that the
first publication of said notice was on the sixth day of December, 2007, and the last publication thereof was on the sixth day
of December, 2007,
That the face of type in which each publication of said notice was printed was the same as the body of type used in the
classified advertising in the newspaper in which said publication was made;
That said
The State Journal-Register
has been regularly published in said City, County and State for at least one year Prior to
publication of said notice.
In
WITNESS WHEREOF, said GateHouse Media Illinois Holdings, Inc., publisher as aforesaid, has executed this
Certif
i
cate of Publication by its Officer or Agent thereunto duly authorized this sixth day of December, 2007.
GATEHOUSE MEDIA ILLINOIS HOLDINGS, INC.
By
Printer's Fee $82.80
No. 07-1964
(Chicano arribune
CERTIFICATE OF PUBLICATION
Chicago Tribune Company hereby certifies that it is the
publisher of the Chicago Tribune; that the Chicago Tribune
is an English language newspaper of general circulation,
published daily in the City of Chicago, County of Cook
and State of Illinois; that the Chicago Tribune has been
so published continuously for more than one year prior to
the date of first publication mentioned below and is further
a newspaper as
defined in Ill. Rev. Stat. Ch. 100, SS
5 &
10;
that the undersigned is the duly authorized agent of the
Chicago Tribune Company to execute this certificate on its
behalf; and that a notice of which the annexed is a true
copy was printed and published in said newspaper (1)
times(s) and on the following dates:
Starting 12/06/07 and Ending 12/06/07
the first publication being on the earliest of said dates and
the last publication being on the latest of said dates.
Executed at Chicago, Illinois this 06TH day of
December, 2007.
CHICAGOIRIBUNE,..0
/
/
WIPNY
Chicago Tribune
By
- chiengotribune.com
435 North Michagan Avenue. Room 1015 - Chicago, Illinois 60611
(312) 222-3232 - Fax: (312) 222.4014
893752
Page 1 of 2
Notice of Petition
by BioMedical Technology
Solutions, Inc.,
for an Adjusted Standard
before the Illinois Pollution
Control Board
On November 28, 2007, Bio-
Medical Technology Solutions
(BMTS), Inc., 9800 Mt. Pyramid
Court, Suite 350, Englewood,
Colorado 80111, filed with the
Illinois Pollution Control Board
(IPCB) a petition for an adjusted
standard, which has been des-
ignated Board docket number
PCB 08-6.
BioMedical Technology Solu-
tions, Inc., which manufactures
a countertop medical waste
treatment device, the Demoliz-
ero technology, seeks a tech-
nology-specific adjusted stan-
dard from 35 IAC 1422, which
requires the use of a particular
microorganism, Bacillus subtilis
(ATCC 19659), to determine the
initial efficacy of the technolo-
gy. In conducting the initial effi-
cacy test required under the
PCB's regulations, BMTS seeks
permission to use a subspecies
of Bacillus subtilis commonly
referred to as Bacillus subtilis
var. nlger (recently reclassified
as Bacillus atrophaeus) that is
the preferred and most appro-
priate biological indicator orga-
nism for the validation of dry
heat sterilization processes.
Any person may cause a public
hearing to be held In the
above-described adjusted stan-
dard proceeding by filing a
hearing request with the Illinois
Pollution Control Board within
21 days after the date of the
publication of this notice. The
hearing request should clearly
indicate the docket number for
the adjusted standard proceed-
ing, as found in this notice, and
must be mailed to the Clerk of
the Board, Illinois Pollution
Control Board, 100 W. Ran-
dolph Street Suite 11-500, Chi-
cago, Illinois 60601.
Page 2 of 2