ILLINOIS POLLUTION CONTROL BOARD
    September 7, 2006
    JOYCE FARMS RECYCLING, INC.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 07-15
    (Permit Appeal - Land)
    ORDER OF THE BOARD (by G.T. Girard):
    On September 1, 1006, Joyce Farms Recycling, Inc. timely filed a petition asking the
    Board to review a July 27, 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 Agency issued a
    permit with conditions regarding Joyce Farms Recycling, Inc.’s composting facility at 3000 N.
    Road, Essex. Joyce Farms Recycling, Inc. appeals on the grounds that certain conditions are not
    required by the Act or the Board’s regulations. Joyce Farms Recycling, Inc.’s petition meets the
    content requirements of 35 Ill. Adm. Code 105.210. The Board accepts the petition for hearing.
    Joyce Farms Recycling, Inc. 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 Joyce Farms Recycling, Inc. may extend by waiver
    (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by the decision deadline,
    Joyce Farms Recycling, Inc. “may deem the permit issued.” 415 ILCS 5/40(a)(2) (2004).
    Currently, the decision deadline is December 30, 2006 (the 120th day after September 1, 2006).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before the decision deadline is
    scheduled for December 21, 2006.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by October 2, 2006, which is 30 days after Joyce Farms Recycling,
    Inc. 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 September 7, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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