ILLINOIS POLLUTION CONTROL BOARD
    September 2, 2004
     
    KIBLER DEVELOPMENT CORPORATION
    and MARION RIDGE LANDFILL, INC.,
     
    Petitioners,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 05-35
    (Permit Appeal - Land)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On August 25, 2004, Kibler Development Corporation and Marion Ridge Landfill, Inc.
    (the petitioners) timely filed a petition asking the Board to review a July 23, 2004 determination
    of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35
    Ill. Adm. Code 105.206(a). On August 26, 2004, the petitioners filed their “Exhibit A,” which
    was inadvertently omitted from the petition. 35 Ill. Adm. Code 101.300(b)(2), 105.404. The
    Agency granted a development permit for the petitioners’ proposed landfill facility in
    Williamson County, including the following challenged additions: (1) a paragraph that describes
    a federal restriction on landfill location and states the need for the petitioners to obtain an
    exemption from the federal restriction before construction begins; (2) a condition prohibiting
    construction of a liner within 500 feet of any inhabited structure and requiring a survey of the
    waste boundaries and adjacent properties before construction; and (3) a condition requiring
    submission of a map within 90 days that indicates facility boundaries, on-site buildings, and
    monitoring points.
     
    The petitioners appeal on the grounds, among others, that (1) the Agency inclusion of the
    contested additions are arbitrary and capricious; (2) the Agency has no authority or jurisdiction
    over matters included in the airport paragraph; and (3) the disputed language is not necessary for
    compliance with the Environmental Protection Act or Board regulations (415 ILCS 5 (2002)).
    The petitioners’ petition meets the content requirements of 35 Ill. Adm. Code 105.210. The
    Board accepts the petition for hearing.
     
    But, the Board on its own motion strikes three paragraphs in the petition. Each purports
    to “reserve the right” to raise other issues relating to the Agency action at some future time. The
    time allowed to appeal the Agency issuance of the permit expires after 35 days. 415 ILCS 5/40
    (a)(1); 35 Ill. Adm. Code 105.206(a) (2002). Thus, no “reservation” can extend the time for
    appeal beyond that allowed by law. The Board hereby strikes the following three paragraphs
    from the August 25, 2004 petition:
     
     
    2
    5.g.
    Petitioners reserve the right to raise such other and further bases for permit review
    and reversal as such bases become known or apparent.
     
    7.c.
    Petitioners reserve the right to raise such other and further bases for permit review
    and reversal as such bases become known or apparent.
     
    8.
    Petitioners reserve the right to amend this Petition to add other challenges to
    IEPA’s imposed permit conditions, at any time prior to final ruling in this matter.
     
    The petitioners have 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 the petitioners may extend by waiver (
    see
    35 Ill. Adm.
    Code 101.308). If the Board fails to take final action by the decision deadline, the petitioners
    “may deem the permit issued.” 415 ILCS 5/40(a)(2) (2002). Currently, the decision deadline is
    December 24, 2004 (the 120th day after August 26, 2004).
    See
    35 Ill. Adm. Code 105.114. The
    Board meeting immediately before the decision deadline is scheduled for December 16, 2004.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by September 25, 2004, which is 30 days after the petitioners 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).
     
    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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