ILLINOIS POLLUTION CONTROL BOARD
    August 5, 2004
     
    LAKE IN THE HILLS SANITARY
    DISTRICT,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 05-12
    (Permit Appeal - Water)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On July 29, 2004, Lake in the Hills Sanitary District timely filed a petition asking the
    Board to review a June 24, 2004 determination of the Illinois Environmental Protection Agency
    (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code 105.206(a). The Agency granted
    a permit for land application of 1,000 dry tons of aerobically digested sewage sludge to
    agricultural land at agronomic rates, with five conditions relating to radium concentrations. The
    permit is for Lake in the Hills Sanitary District’s wastewater treatment facility at Lake in the
    Hills, McHenry County.
     
    Lake in the Hills Sanitary District appeals on the grounds that the challenged conditions
    are too restrictive, well in excess of federal restrictions on radium concentrations, and will result
    in increased costs to residents. Lake in the Hills Sanitary District’s petition meets the content
    requirements of 35 Ill. Adm. Code 105.210. The Board accepts the petition for hearing.
     
    Lake in the Hills Sanitary District has the burden of proof. 415 ILCS 5/40(a)(1) (2002);
    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) (2002)), which only Lake in the Hills Sanitary District may
    extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by the
    decision deadline, Lake in the Hills Sanitary District “may deem the permit issued.” 415 ILCS
    5/40(a)(2) (2002). Currently, the decision deadline is November 26, 2004 (the 120th day after
    July 29, 2004).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before the
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by August 28, 2004, which is 30 days after Lake in the Hills Sanitary
    District 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
     
    2
    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).
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on August 5, 2004, by a vote of 4-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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