ILLINOIS POLLUTION CONTROL BOARD
    July 10, 2003
     
    UNITED DISPOSAL OF BRADLEY, INC.,
    and MUNICIPAL TRUST & SAVINGS
    BANK AS TRUSTEE UNDER TRUST 0799,
     
    Petitioners,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-235
    (Permit Appeal - Land)
     
    ORDER OF THE BOARD (by N.J. Melas):
     
    On June 19, 2003, United Disposal of Bradley, Inc., and Municipal Trust & Savings
    Bank, as Trustee under Trust 0799 (complainants), timely filed a petition asking the Board to
    review a May 15, 2003 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 the complainants’ application for a permit to modify Operating
    Permit, No. 1994-30-OP regarding United Disposal’s transfer station facility located in the
    Village of Bradley, Kankakee County. The complainants appeal on two grounds: (1) that the
    application seeks only to strike invalid and unconstitutional language
    1
    from one of the permit
    conditions (Special Condition No. 9); and (2) that siting approval is not necessary for the
    modification of an operating permit. In the alternative, the complainants argue that permission to
    modify the operating permit is not necessary because the portion of Special Condition No. 9 it
    wishes to modify is unconstitutional and, therefore, null and void. The complainants’ petition
    meets the content requirements of 35 Ill. Adm. Code 105.210. The Board accepts the petition for
    hearing.
     
    The complainants 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 complainants may extend by waiver (
    see
    35 Ill. Adm.
    Code 101.308). If the Board fails to take final action by the decision deadline, the complainants
    “may deem the permit issued.” 415 ILCS 5/40(a)(2) (2002). Currently, the decision deadline is
    1
    The language that the complainants claim is unconstitutional prohibits the transfer station from
    accepting waste from outside the Village of Bradley. The language reads: “No waste generated
    outside the municipal boundaries of the Village of Bradley may be accepted at this facility.”
     
    2
    October 17, 2003 (the 120th day after June 19, 2003).
    See
    35 Ill. Adm. Code 105.114. The
    Board meeting immediately before the decision deadline is scheduled for October 16, 2003.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by July 17, 2003, which is 30 days after the complainants 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 July 10, 2003, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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