ILLINOIS POLLUTION CONTROL BOARD
    September 6, 2001
     
     
    DEAN FOODS COMPANY,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 02-23
    (Permit Appeal - Air)
     
     
    ORDER OF THE BOARD (by G.T. Girard):
     
     
    On August 21, 2001, the petitioner, Dean Foods Company, timely filed a petition asking
    the Board to review an operating permit issued by the Illinois Environmental Protection Agency
    (Agency).
    See
    415 ILCS 5/40(a)(1) (2000); 35 Ill. Adm. Code 105.206(a). The Agency issued a
    permit with conditions regarding Dean Foods Company dairy and non-dairy processing facility
    located at 1126 Kilburn Avenue, Rockford, Winnebago County, Illinois. Dean Foods Company
    appeals on the grounds that the special conditions listed in the operating permit were
    unnecessary. Dean Foods Company’s petition meets the content requirements of 35 Ill. Adm.
    Code 105.210. The Board accepts the petition for hearing.
     
     
    Dean Foods Company has the burden of proof. 415 ILCS 5/40(a)(1) (2000);
    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) (2000)), which only Dean Foods Company may extend by waiver (
    see
    35 Ill.
    Adm. Code 101.308). If the Board fails to take final action by the decision deadline, Dean Foods
    Company “may deem the permit issued.” 415 ILCS 5/40(a)(2) (2000). Currently, the decision
    deadline is December 19, 2001, (the 120th day after August 21, 2001).
    See
    35 Ill. Adm. Code
    105.114. The Board meeting immediately before the decision deadline is scheduled for
    December 6, 2001.
     
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination within 30 days after Dean Foods Company 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 of time 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, hereby certify that the
     
     
     
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    Board adopted the above order on September 6, 2001, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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