ILLINOIS POLLUTION CONTROL BOARD
    September 20, 2007
    PEORIA DISPOSAL COMPANY,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 08-25
    (Permit Appeal - RCRA)
    ORDER OF THE BOARD (by G.T. Girard):
    On September 17, 2007, Peoria Disposal Company (PDC) timely filed a petition asking
    the Board to review an August 30, 2007 determination of the Illinois Environmental Protection
    Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2006); 35 Ill. Adm. Code 101.300(b), 105.206. In
    the determination, the Agency denied PDC’s application to modify the permit for its landfill in
    Peoria County. For the reasons below, the Board accepts the petition for review.
    Under the Environmental Protection Act (Act) (415 ILCS 5 (2006)), the Agency is the
    permitting authority, responsible for administering Illinois’ regulatory programs to protect the
    environment. If the Agency denies a permit or grants one with conditions, the permit applicant
    may appeal the Agency’s decision to the Board.
    See
    415 ILCS 5/4, 5, 40(a)(1) (2006); 35 Ill.
    Adm. Code 105.Subpart D. In this case, the Agency denied PDC’s application to modify its
    “RCRA [Resource Conservation and Recovery Act] Part B Permit No.
    ILD000805812/1438120003, Log No. 24,” which the Agency issued to PDC on November 4,
    1987. Petition at 1. The Agency stated that PDC’s proposed changes to the landfill would
    constitute the creation of a new pollution control facility and that PDC does not qualify for the
    exclusion under Section 3.330(a)(3) of the Act (415 ILCS 5/3.330(a)(3) (2006)).
    Id
    . at 2. The
    Agency further stated that Section 39(c) of the Act (415 ILCS 5/39(c) (2006)) prohibits it from
    issuing the requested permit because PDC failed to provide proof of local siting approval.
    Id
    .
    PDC appeals on the grounds that the Agency erred as a matter of law in concluding that the
    Section 3.330(a)(3) exclusion for sites handling “wastes generated by such person’s own
    activities” is inapplicable.
    Id
    . PDC maintains that its proposed “Residual Waste Landfill” would
    accept for disposal only “treated residue waste generated by PDC” and that PDC was therefore
    not required to submit proof of local siting approval.
    Id
    . at 2-3. PDC’s petition meets the
    content requirements of 35 Ill. Adm. Code 105.210.
    The Board accepts the petition for hearing. PDC has the burden of proof. 415 ILCS
    5/40(a)(1) (2006);
    see also
    35 Ill. Adm. Code 105.112(a). Hearings will be based exclusively on
    the record before the Agency at the time the Agency issued its permit decision.
    See
    35 Ill. Adm.
    Code 105.214(a). Accordingly, though the Board hearing affords a permit applicant the
    opportunity to challenge the Agency’s reasons for denying or conditionally granting the permit,
    2
    information developed after the Agency’s decision typically is not admitted at hearing or
    considered by the Board.
    See
    Alton Packaging Corp. v. PCB, 162 Ill. App. 3d 731, 738, 516
    N.E.2d 275, 280 (5th Dist. 1987); Community Landfill Co. & City of Morris v. IEPA, PCB 01-
    170 (Dec. 6, 2001),
    aff’d sub nom.
    Community Landfill Co. & City of Morris v. PCB & IEPA
    ,
    331 Ill. App. 3d 1056, 772 N.E.2d 231 (3rd Dist. 2002).
    Hearings will be scheduled and completed in a timely manner, consistent with the
    decision deadline (
    see
    415 ILCS 5/40(a)(2) (2006)), which only PDC may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by the decision deadline, PDC
    “shall be entitled to an Appellate Court order pursuant to subsection (d) of Section 41 of this Act
    [415 ILCS 5/41(d) (2006)].” 415 ILCS 5/40(a)(3) (2006). Currently, the decision deadline is
    January 15, 2008, which is the 120th day after the Board received the petition.
    See
    35 Ill. Adm.
    Code 105.114. The Board meeting immediately before the decision deadline is scheduled for
    January 10, 2008.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by October 17, 2007, which is 30 days after the Board received
    PDC’s petition.
    See
    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.
    See
    35 Ill. Adm. Code 105.116. The record must comply with the content requirements
    of 35 Ill. Adm. Code 105.212(b).
    IT IS SO ORDERED.
    I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on September 20, 2007, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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