ILLINOIS POLLUTION CONTROL BOARD
    July 23, 2009
    IN THE MATTER OF:
    PETITION OF WESTWOOD LANDS, INC.
    FOR AN ADJUSTED STANDARD FROM
    PORTIONS OF 35 ILL. ADM. CODE 807.104
    AND 35 ILL. ADM. CODE 810.103 OR, IN
    THE ALTERNATIVE, A FINDING OF
    INAPPLICABILITY
    )
    )
    )
    )
    )
    )
    )
    )
    AS 09-3
    (Adjusted Standard - Land)
    ORDER OF THE BOARD (by G.L. Blankenship):
    On March 31, 2009, Westwood Lands, Inc. (Westwood) filed a petition for an adjusted
    standard (Pet.). Westwood seeks a determination that steelmaking slag fines used in its
    production process do not constitute “waste” and that its facility therefore does not require
    permits under the Board’s solid waste regulations.
    See
    35 Ill. Adm. Code 807, 810. In the
    alternative, if Board does not agree that the slag fines are not a “waste,” Westwood seeks an
    adjusted standard from specified portions of Section 807.104 and 810.103 of the Board’s solid
    waste regulations.
    See
    35 Ill. Adm. Code 807.104 (Definitions), 810.103 (Definitions).
    Westwood stated that it waives hearing on its petition. Pet. at 11;
    see
    35 Ill. Adm. Code
    104.406(j).
    In an order dated May 21, 2009, the Board found that Westwood had met the notice
    requirements of the Environmental Protection Act and the Board’s procedural regulations.
    See
    415 ILCS 5/28.1(d)(1) (2008); 35 Ill. Adm. Code 104.408, 104.410. The Board also denied
    Westwood’s motion for expedited review. In the same order, the Board found that Westwood
    had not provided all of the information required for an adjusted standard petition and directed
    Westwood to address specified information deficiencies with 30 days.
    On June 22, 2009, Westwood timely filed an Amended Petition for Adjusted Standard
    (Am. Pet.). On July 14, 2009, Westwood filed proof of publication that notice of the amended
    petition had been published in the Belleville
    News-Democrat
    on July 8, 2009 (Notice).
    Westwood argues that, although notice was not required because the amended petition made no
    “substantive change to the requested relief in that it requests additional or alternative relief,” it
    opted to re-publish notice in the interest of public disclosure. Notice at 1;
    see
    35 Ill. Adm. Code
    104.418(a). The Board accepts the amended petition.
    Finally, in its May 21, 2009 order, the Board noted that the Illinois Environmental
    Protection Agency (Agency) had not yet filed its recommendation. Section 104.416(a) of the
    Board’s procedural rules provides in pertinent part that, “[u]nless otherwise ordered by the
    hearing officer or the Board, the recommendation must be filed with the Board within 45 days
    after the filing of the petition or amended petition.” 35 Ill. Adm. Code 104.416(a). As
    Westwood filed the amended petition on June 22, 2009, the Board directs the Agency to file its
    2
    recommendation with 45 days of that date, on or before Thursday, August 6, 2009.
    See
    35 Ill.
    Adm. Code 101.300(a). Westwood’s response to the Agency’s recommendation is due “within
    14 days after the date of service of the recommendation.” 35 Ill. Adm. Code 104.416(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 July 23, 2009, by a vote of 5-0.
    ____________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

    Back to top