ILLINOIS POLLUTION CONTROL BOARD
    September 2, 2004
     
    VILLAGE OF FRANKFORT,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 05-30
    (Permit Appeal - Water)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On August 18, 2004, Village of Frankfort timely filed a petition asking the Board to
    review a July 15, 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 denied a joint
    construction and operation permit for the Village of Frankfort’s extension of a sewer line that is
    tributary to the Village of Frankfort’s wastewater treatment facility to and area outside the
    Village of Frankfort’s facility planning area (FPA) in Cook and Will Counties.
     
    Village of Frankfort appeals on the grounds that the Agency acted outside the scope of its
    statutory authority by (1) creating an FPA; (2) creating an FPA based on political boundaries,
    and (3) denying a permit based on the extension of a sewer line beyond the boundary of an FPA.
    Village of Frankfort’s petition meets the content requirements of 35 Ill. Adm. Code 105.210.
    The Board accepts the petition for hearing.
     
    Village of Frankfort 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 Village of Frankfort may extend by waiver (
    see
    35 Ill.
    Adm. Code 101.308). If the Board fails to take final action by the decision deadline, Village of
    Frankfort “shall be entitled to an Appellate Court order pursuant to subsection (d) of Section 41
    of this Act [415 ILCS 5/41(d) (2002)].” 415 ILCS 5/40(a)(3) (2002). Currently, the decision
    deadline is December 16, 2004 (the 120th day after August 18, 2004).
    See
    35 Ill. Adm. Code
    105.114. December 16, 2004 is the date of a scheduled Board meeting.
     
    otherwise, the Agency must file the entire
    record of its determination by September 17, 2004, which is 30 days after Village of Frankfort
    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 2, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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