ILLINOIS POLLUTION CONTROL BOARD
    May 6, 2004
     
    SUTTER SANITATION, INC. and
    LAVONNE HAKER,
     
    Petitioners,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 04-187
    (Permit Appeal - Land)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On April 26, 2004, Sutter Sanitation, Inc. and Lavonne Haker (petitioners) timely filed a
    petition asking the Board to review a March 31, 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 request for a permit to develop a garbage transfer facility in
    Effingham County.
     
    The petitioners appeal on the grounds that the Agency’s decision violated due process, is
    not supported by the record, is inconsistent with public policy, law, and prior Board decisions in
    other cases, and is otherwise improper. The petition meets the content requirements of 35 Ill.
    Adm. Code 105.210. The Board accepts the petition for hearing.
     
    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)
    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
    August 24, 2004 (the 120th day after April 26, 2004).
    See
    35 Ill. Adm. Code 105.114. The
    Board meeting immediately before the decision deadline is scheduled for August 19, 2004.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by May 26, 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).
     
     
     
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    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on May 6, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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