ILLINOIS POLLUTION CONTROL BOARD
    December 20, 2007
    IN THE MATTER OF:
    PETITION OF THE CITY OF CHICAGO
    HEIGHTS FOR AN ADJUSTED
    STANDARD FROM 35 ILL. ADM. CODE
    810.103, 814.102, and 814.501(c)
    )
    )
    )
    )
    )
    )
    AS 08-4
    (Adjusted Standard – Land)
    ORDER OF THE BOARD (by T.E. Johnson):
    On September 21, 2007, the City of Chicago Heights (City) filed a petition for an
    adjusted standard. Section 28.1(d)(1) of the Environmental Protection Act (415 ILCS
    5/28.1(d)(1) (2006)) and Section 104.408(a) of the Board’s procedural rules (35 Ill. Adm. Code
    104.408(a)) 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. Publication must take place within 14 days after the petition is filed.
    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.
    , 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).
    On November 1, 2007, the Board issued an order stating that although over 30 days had
    elapsed since the City filed its adjusted standard petition, the City had not filed a certificate of
    publication. The Board further stated that the petition would be dismissed if the City failed to
    file the required certificate by November 30, 2007. To date, the City has not filed a certificate
    documenting that the necessary notice of its petition was published within 14 days after the
    petition’s filing. The Board therefore dismisses this adjusted standard proceeding and closes the
    docket. Nothing in this order precludes the City from filing another adjusted standard petition
    for the same relief and providing proof of the required notice.
    IT IS SO ORDERED.
    I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on December 20, 2007, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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