ILLINOIS POLLUTION CONTROL BOARD
    January 8, 2004
     
    BOARD OF TRUSTEES OF EASTERN
    ILLINOIS UNIVERSITY,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 04-110
    (Permit Appeal - Air)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On January 2, 2004, the Board of Trustees of Eastern Illinois University (Board of
    Trustees) timely filed a petition asking the Boar
    of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35
    Ill. Adm. Code 105.206(a). Because the postmark date of the joint request is within the extended
    time for filing, the petition was timely filed. 35 Ill. Adm. Code 101.300(b)(2), 105.404. The
    Agency approved the application for a Clean Air Act Permit Program permit, with conditions,
    regarding the Board of Trustees’ steam electric generating, gas-fired boiler, and gasoline storage
    tank facilities at Charleston, Coles County. The Board of Trustees appeals specified conditions
    on the grounds that the permit does not reflect current requirements or operations at the facility,
    it is not consistent with applicable law and regulations, and certain conditions are not necessary
    to accomplish the purposes of the Environmental Protection Act (415 ILCS 5 (2002)). The
    Board of Trustees’ petition meets the content requirements of 35 Ill. Adm. Code 105.210. The
    Board accepts the petition for hearing.
     
    The Board of Trustees 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 the Board of Trustees may extend by waiver (
    see
    35 Ill.
    Adm. Code 101.308). If the Board fails to take final action by the decision deadline, the Board
    of Trustees “shall be entitled to an Appellate Court order pursuant to Section 41(d) of this Act
    [415 ILCS 5/41(d) (2002)].” 415 ILCS 5/40.2(c) (2002). Currently, the decision deadline is
    May 1, 2004 (the 120th day after January 2, 2004).
    See
    35 Ill. Adm. Code 105.114. The Board
    meeting immediately before the decision deadline is scheduled for April 15, 2004.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by February 1, 2004, which is 30 days after the Board of Trustees
    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
     
    2
    be filed. 35 Ill. Adm. Code 105.116. The record must comply with the content requirements of
    35 Ill. Adm. Code 105.212(b).
     
    With its petition, Board of Trustees submitted a request that the Board stay the
    effectiveness of various conditions of the permit until the Board has rendered its final decision in
    this matter. The Agency has not yet responded to this request.
    See
    35 Ill. Adm. Code
    101.500(d) (2002). The Board reserves ruling on the issues relating to the requested stay
    pending the response of the Agency.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on January 8, 2004, by a vote of 5-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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