ILLINOIS POLLUTION CONTROL BOARD
    May 18, 2006
     
    VILLAGE OF CASEYVILLE,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 06-164
    (Permit Appeal - Water)
     
    ORDER OF THE BOARD (by N.J. Melas):
     
    On May 4, 2006, the Village of Caseyville timely filed a petition asking the Board to
    review a March 31, 2006 determination of the Illinois Environmental Protection Agency
    (Agency).
    See
    415 ILCS 5/40(a)(1) (2004); 35 Ill. Adm. Code 105.206(a). The Village of
    Caseyville seeks review of the Agency’s denial of a construction permit for a trunk sewer
    installation for the Caseyville-Forest Lakes Development in St. Clair County.
     
    The Village of Caseyville appeals on the grounds that: (1) the denial is arbitrary and
    capricious; and (2) the Village of Caseyville relied to its detriment on an earlier Agency grant of
    a construction permit by beginning construction on the sewer. The Village of Caseyville’s
    petition meets the content requirements of 35 Ill. Adm. Code 105.210. The Board accepts the
    petition for hearing.
     
    The Village of Caseyville has the burden of proof. 415 ILCS 5/40(a)(1) (2004);
    see also
     
    35 Ill. Adm. Code 105.112(a). Hearings “will be based exclusively on the record before the
    Agency at the time the permit or decision was issued.” 35 Ill. Adm. Code 105.214(a). Hearings
    will be scheduled and completed in a timely manner, consistent with the decision deadline (
    see
     
    415 ILCS 5/40(a)(2) (2004)), which only the Village of Caseyville may extend by waiver (
    see
    35
    Ill. Adm. Code 101.308). If the Board fails to take final action by the decision deadline, the
    petitioner “may deem the permit issued.” 415 ILCS 5/40(a)(2) (2004). Currently, the decision
    deadline is September 1, 2006 (the 120th day after May 4, 2006).
    See
    35 Ill. Adm. Code
    105.114. The Board meeting immediately before the decision deadline is scheduled for
    August 17, 2006.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by June 5, 2006, which is the first business day after 30 days after the
    Village of Caseyville filed the petition. 35 Ill. Adm. Code 105.212(a). If the Agency wishes to
    seek additional time to file the record, it must file a request for extension before the date on
    which the record is due to be filed. 35 Ill. Adm. Code 105.116. The record must comply with
    the content requirements of 35 Ill. Adm. Code 105.212(b).
     
     
    2
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on May 18, 2006, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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