BEFORE

THE ILLINOIS.POLLUTION

CONTROL

BOAR8’S0FFIP

IN THE

MATTEROF:

PETITION

OF

WESTWOOD

LANDS

)

AS

09-03

PoJftj

0

INC.

for an

ADJUSTED

STANDARD

from)

(Adjusted

Standard

—

Land)

portions

of 35

III.Adm.Code

807.104

and

),

35

lll.Adm.Code

810.103,

or

)

in the

alternative,

A

FINDING

OF

)

INAPPLICABILITY.

)

NOTICE

OF

FILING

To:

(See

attached

Service

List.)

PLEASE

TAKE

NOTICE

that on

this

20

th

day

of April

2009,

the

following

was filed

with

the

Illinois

Pollution

Control Board:

Petitioner

Westwood

Lands

Inc.’s

Proof

of

Publication,

which

is attached

and

herewith

served

upon you.

WESW/OOD

LANDS

INC.

By:

Elizabeth

S.

Harvey

John

P.

Arranz

Swanson,

Martin &

Bell

330

North

Wabash

Avenue

Suite

3300

Chicago,

IL

60611

312.321.9100

312.321.0990

(facsimile)

CERTIFICATE

OF

SERVICE

I, the

undersigned

non-attorney,

state

that

I served

a copy of the

above-described

document

to

counsel

of

record

via U.S. Mail

at 330

North Wabash

Avenue,

Chicago,

IL

60611,

at

or before

5:00 p.m.

on

April

20, 2009.

/W

Jea éIteM.PodIin

[x]

Under

penalties as

provided

by

law

pursuant

to 735 ILCS

5/1

-1 09, I certify

that

the

statements

set forth

herein

are

true

and

correct.

---

4376-001

SERVICE

LIST

Westwood

Lands,

Inc. v.

Illinois

Environmentat

Protection

Agency

AS

09-03

(Adjusted

Standard

— Land)

Division

of

Legal

Counsel

Illinois

Environmental

Protection

Agency

1021

North

Grand

Avenue

East

P.O.

Box

19276

Springfield,

Illinois 62794-9276

---

BEFORE

THE ILLINOIS POLLUTION

CONTROL

BOARb©V

HK

S

OFFICE

INTHEMATTEROF:

)

APR2

020n9

PETITION

OF

WESTWOOD

LANDS

)

AS 09-03

OF

INC. for an

ADJUSTED STANDARD

from)

(Adjusted Standard

— Lancl

fl

Corfr

0

BOrd

portions

of 35

IlI.Adm.Code

807.104

and

)

35 III.Adm.Code

810.103,

or

in the alternative,

A FINDING

OF

)

INAPPLICABILITY.

PROOF

OF

PUBLICATION

Petitioner

WESTWOOD

LANDS, INC.

(“Westwood”),

by

its

attorneys

Swanson,

Martin &

Bell LLP,

hereby

files proof of

compliance with

the petition notice

requirements:

1.

Westwood filed

its

petition

for adjusted standard,

or in the alternative,

a

finding

of

inapplicability,

on March 31,

2009.

2.

Westwood

then

caused

publication,

in the Belleville News-Democrat,

of

the

required

notice of

filing

of

an

adjusted standard petition.

The Belleville

News-Democrat is

a

newspaper of

general

circulation

in

Madison

County, Illinois.

The notice was

published on

April

14, 2009,

and was thus

published within

the 14-day period allowed

by 415 ILCS

5/28.1

and

35

IlI.Adm.Code

104.408. The

publisher’s certificate

of publication

is

attached

as

Exhibit

A.

Respectfully submitted,

WESTWOOD

LANDS, INC.

By

Elizabeth S.

Harvey

John

P. Arranz

Swanson,

Martin & Bell,

LLP

330

North

Wabash

Avenue,

Suite 3300

Chicago, IL

60611

312.321.9100

312.321.0990

(facsimile)

---

CERTIFICATE OF

PUBLICATION

STATE

OF

ILLINOIS

COUNTY

OF

ST.

CLAIR

)

ss.

PUBLIC

NOTICE

NOTICE

OF PETITION

BY

WESTWOOD

LANDS,

INC.

FOR

AN

ADJUSTED

STANDARD

BEFORE

THE

POLLUTION

CONTROL

BOARD

Pursuant

to

the

provisions

of

415

ILCS

5/28.1 and

35’ III.Adm.Code

104.408,

please

take

notice

that on

March

31,2009,

petitioner

Westwood

Lands,

Inc.

(“WestWood”),

filed

a

petition

for

adiusted

standard

with

the

Illinois

Pollution

Control

Board.

The

petition

seeks

an

adjusted

standard

from

the provisions

of

35

lIl.Adm.Code

Part 807.103

and

35 llI.Adm.Code

810.103,

or,

in the

alternative,

a finding

that

portions

of

those

regUlations

ar&nappIicablejoWesiwo==---_

Westwood

owns

a

facility

at 4 Caine

Drive,

Madison,

Madison

County,

Illinois,

that will

process

steelmaking

slag

fines

Into

a usable

product.

Westwod

will

process

the slag

fines

at

its

facility,

and

produce

two

products

for

sale:

1)

a

course

metallic

fraction,

to be

sold

in

bulk

form;

and

2) a

fine metallic

fraction

that

can

be

sold either

in

bulk

form

or

processed

into

a briquette.

BUth

products

will then

be sold

for indusfrial

use.

(The

City

of

Madison

has

approved

the

location

ot the

facility.)

Westwood

seeks

a

declaration

that the

steelmaking

slag

fines are

not a

“waste,”

and thus

Westwood’s;process

is not

subject

to the

!equire

ments of

35 llI.Adm.Code

Part 807

or

35 lll.Adm.Code

Part 810.

In the

al

ternative,

Westwood

seeks

the

following

adjusted

standard:

Wesiwood

Lands

Inc is

hereby

granted

an

adiusted

standard

from

the

following

def

initions

of

35

III,Adm.Code

807.104:

‘facility,’

“solid

waste,”

‘solid waste

management,’

“waste,’

and

‘uniL’

-

Wesiwood

Lands,

Inc. is

further

granted

an

adjusted

standard

from

the

following

defini

lions

of 35 Ill.Adm.Code

810.103:

‘facility,”

‘landfllI,

and

‘solid waste.’

These

eñumèrateddefinilionsdo

notapply

to

operations

conducted

by

Westwood

at

the

facility

in Madison

County

Illinois

so

long

as

1.

Westwood

uses

onlysteeImaking

slag

fines.

-

2

For

purposes

of this

adjusted

standard

steelmaking

slag

fines

is

deffned

as

slag

fines

generated

from

the

processing

of

raw

steelmak

ing

slag,

Raw

steelmaking

slag means

the residual

material

pro

duced

in

steelmaking

gperations,

3. Wesiwood

retaiflscdntrnl

of the

quality

of’stèelmaking slag

fines, in

cluding

the right

to reject

any

steelmaking

slag

fines

that

do

not

comply

with

Westwood’s

standards

for

fines.

4.

Westwood

operates

the

facility

in

complincê

with

other

provisions

of

the

Environmental

Protection

Act

the docket

number

of

the

petition

is AS

09-0 -

Any

person

may

cause

a

public

hearing

to be

held

in the

above

described

adjusted

standard

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

proceeding,

as found

in

this

notice,

and

must

be

mailed

to

The Clerk

of the

Board,

Illinois PoIW

tionControl

Board,

100

W.

Randolph

Street,

Suite

11-500,

Chicago,

IL

60601.

L-48755300

(April14)

This is

to

certify

that the

undersigned

Jay

Tebbe

is the

president

and

publisher

of

the NEWS-DEMOCRAT

a

public

and

English

secular

newspaper of

general

circulation,

which

has

been

regularly

published

daily

in the City

of

Belleville,

County

of St.

Clair

and

State

of Illinois,

for

at

least

one

year

prior

to

the

first

publication

of the

notice

hereinafter

mentioned,

and that

a notice

of

which

the

annexed

is a

true printed

copy,

has

been

published

in said

newspaper

ONCE,

the

publication

thereof

having

been made

in

the issue

of said

newspaper,

published

on

April

14,

2009.

JAY

TEBBE

President

and

Publisher

By

His

Authorized

Agent

Publisher’s

fee:

$311.02

$

EXHIBIT

A

ACCOUNT

ID:

6068200

AD

NUMBER:

48755300