ILLINOIS POLLUTION CONTROL BOARD
    January 10, 2008
    IN THE MATTER OF:
    PETITION OF BFI WASTE SYSTEMS OF
    NORTH AMERICA, INC. FOR WASTE
    DELISTING
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    )
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    AS 08-5
    (Adjusted Standard – Land)
    ORDER OF THE BOARD (by T.E. Johnson):
    On November 21, 2007, BFI Waste Systems of North America, Inc. (BFI), filed an
    adjusted standard petition (Pet.) to delist landfill leachate generated at the closed Phase I Unit of
    BFI’s Davis Junction Landfill in Davis Junction, Ogle County. As the adjusted standard is
    proposed, according to the petition, management of the leachate at the landfill would continue to
    be governed by the Illinois Resource Conservation and Recovery Act (RCRA) Post-Closure
    Permit, but BFI would be allowed to transport and dispose of the leachate as a non-hazardous
    Illinois special waste. Pet. at 1. BFI seeks this relief under Section 28.1 of the Environmental
    Protection Act (Act) (415 ILCS 5/28.1 (2006)), Part 104 of the Board’s procedural rules (35 Ill.
    Adm. Code 104), and Section 720.122 of the Board’s hazardous waste management system
    regulations (35 Ill. Adm. Code 720.122). BFI requests that a public hearing be held on its
    petition. Pet. at 25.
    The Act requires 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.
    See
    415 ILCS 5/28.1 (2006);
    see also
    35 Ill. Adm. Code 104.408(a). 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)
    (2002); 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. On December
    10, 2007, BFI filed a certificate of publication, documenting that the required notice of the
    petition was published on November 28 and 29, 2007, in
    The Rockford Register Star
    . The Board
    finds that BFI has met the notice requirements of the Act and the Board’s procedural rules.
    The Board accepts the waste delisting petition for hearing.
    See
    35 Ill. Adm. Code
    104.422. The Agency recommendation must be filed by February 25, 2008.
    See
    35 Ill. Adm.
    Code 104.416. The Board, through orders of its own or its hearing officer, may direct BFI to
    provide additional information concerning its request prior to or at hearing.
    Along with its petition, BFI filed a motion (Mot.) to file a reduced number of copies
    (original document plus four copies) of the Weaver Boos Technical Support Document, which is
    Attachment 1 to the petition.
    See
    35 Ill. Adm. Code 101.302(h) (original document plus nine
    copies generally required). The motion explains that the attachment is especially voluminous
    (“approximately six inches of materials, contained in two separate three-ring binders”). Mot. at
    2
    1. No response has been filed to the motion, which is granted.
    See
    35 Ill. Adm. Code
    101.500(d).
    IT IS SO ORDERED.
    I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
    the Board adopted the above order on January 10, 2008, by a vote of 4-0.
    ___________________________________
    John T. Therriault, Assistant, Clerk
    Illinois Pollution Control Board

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