ILLINOIS POLLUTION CONTROL BOARD
    August 7, 2007
    WASTE MANAGEMENT OF ILLINOIS,
    INC.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 08-101
    (NPDES Permit Appeal)
    ORDER OF THE BOARD (by G.T. Girard):
    On July 10, 2008, at the parties’ request, the Board extended until July 28, 2008, the time
    period for Waste Management of Illinois, Inc. (Waste Management) to appeal a May 22, 2008
    determination of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS
    5/40(a)(1) (2006); 35 Ill. Adm. Code 105.208. The Agency’s determination concerns Waste
    Management’s Chain of Rocks closed municipal waste landfill located at 3399 West Chain of
    Lakes Road on Chouteau Island in Granite City, Madison County. On July 28, 2008, Waste
    Management timely filed a petition asking the Board to review the Agency’s determination.
    See
    415 ILCS 5/40(a)(1) (2006); 35 Ill. Adm. Code 101.300(b), 105.206, 105.208(a). For the
    reasons below, the Board accepts the petition for review.
    Under the Environmental Protection Act (415 ILCS 5 (2006)) (Act), 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, 540(a)(1) (2006); 35 Ill.
    Adm. Code 105, Subpart D. In this case, the Agency issued a National Pollutant Discharge
    Elimination System (NPDES) permit to Waste Management, subject to conditions. Waste
    Management appeals on the grounds that “because the landfill is closed, no waste is exposed and
    storm water cannot come into contact with waste, no NPDES permit is required.” Petition at 3.
    Additionally, Waste Management alleges that the permit condition requiring the implementation
    of a Storm Water Pollution Prevention Plan (SWPPP) is “extensive and burdensome.”
    Id.
    Waste Management’s petition meets the content requirements of 35 Ill. Adm. Code 105.210.
    The Board accepts the petition for hearing. Waste Management has the burden of proof.
    See
    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, 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,
    2
    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 Waste Management may extend
    by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by the decision
    deadline, Waste Management “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 November 25, 2008, which is the 120th day after the
    Board received the petition. The Board meeting immediately before the decision deadline is
    scheduled for November 20, 2008.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by August 27, 2008, which is the 30th day after the Board received
    Waste Management’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 August 7, 2008, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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