ILLINOIS POLLUTION CONTROL BOARD
    September 2, 2004
     
    METROPOLITAN WATER
    RECLAMATION DISTRICT OF GREATER
    CHICAGO,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 05-31
    (Permit Appeal-NPDES)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On August 18, 2004, the Metropolitan Water Reclamation District of Greater Chicago
    (the District) timely filed a petition asking the Board to review a July 19, 2004 determination of
    the Illinois Environmental Protection Agency (Agency), granting a permit with conditions to the
    District.
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code 105.206(a). The Agency issued
    the permit regarding the District’s James C. Kirie Water Reclamation Plant at 701 West Oakton
    Street, Des Plaines, Cook County. The District appeals certain conditions of the permit on the
    grounds that the conditions are confusing, unnecessary, and impractical. The District’s petition
    meets the content requirements of 35 Ill. Adm. Code 105.210. The Board accepts the petition for
    hearing.
     
    The District has the burden of proof. 415 ILCS 5/40(a)(1) (2002);
    see also
    35 Ill. Adm.
    ely 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 District may extend by waiver (
    see
    35 Ill. Adm. Code
    101.308). If the Board fails to take final action by the decision deadline, the District “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. 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 17, 2004, which is 30 days after the 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 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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