ILLINOIS POLLUTION CONTROL BOARD
    April 17, 2008
    IN THE MATTER OF:
    PETITION OF BFI WASTE SYSTEMS OF
    NORTH AMERICA, INC. FOR WASTE
    DELISTING
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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 to delist landfill leachate generated at the closed Phase I Unit of BFI’s
    Davis Junction Landfill in Davis Junction, Ogle County. On January 10, 2008, the Board
    accepted BFI’s petition for hearing and on March 28, 2008, the Illinois Environmental Protection
    Agency (IEPA) filed its recommendation that the Board deny the adjusted standard request. By
    hearing officer order, a hearing is presently scheduled in this case for May 15, 2008, with any
    pre-filed testimony due to be received by the Board no later than May 6, 2008.
    On April 14, 2008, BFI filed a response to the Agency’s recommendation. According to
    the response, BFI and IEPA have had further discussions since IEPA prepared the
    recommendation. Response at 1. BFI states that as a result of those discussions, BFI has drafted
    amendments to the adjusted standard language proposed in the November 21, 2007 petition. BFI
    “believes these amendments satisfy the concerns raised in the Agency’s recommendation.”
    Id
    .
    Accompanying BFI’s April 14, 2008 response is a motion. BFI moves the Board to
    accept for consideration BFI’s amendatory adjusted standard language, which is attached to the
    motion. The Board grants BFI’s motion. The Board does so today, before expiration of the 14-
    day response time, to avoid any undue delay given the pending hearing.
    See
    35 Ill. Adm. Code
    101.500(d).
    Finally, in light of the representations made in these most recent filings of BFI, the Board
    directs IEPA to provide the Board with IEPA’s final position on the relief requested in this
    matter before the record closes.
    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 April 17, 2008, by a vote of 4-0.
    ___________________________________
    John T. Therriault, Assistant, Clerk
    Illinois Pollution Control Board

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