ILLINOIS POLLUTION CONTROL BOARD
    December 6, 2001
     
    SAUER-DANFOSS (US) COMPANY,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 02-58
    (UST Appeal)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On November 13, 2001, Sauer-Danfoss (US) Company (Sauer-Danfoss) timely filed a
    petition asking the Board to review an October 2, 2001 determination of the Illinois
    Environmental Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2000); 35 Ill. Adm. Code
    105.206(a). The Agency denied Sauer-Danfoss’ request for a no further remediation letter (NFR
    letter) regarding the petitioner’s facility located in LaSalle, LaSalle County. Sauer-Danfoss
    appeals on the grounds that their request for a NFR letter would not violate the Environmental
    Protection Act (Act) or any Board rule and furthermore, at the time of their request the Agency
    represented to the petitioner that the request was acceptable. Sauer-Danfoss’ petition meets the
    content requirements of 35 Ill. Adm. Code 105.210. The Board accepts the petition for hearing.
     
    Sauer-Danfoss 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 Sauer-Danfoss may extend by waiver (
    see
    35 Ill. Adm.
    Code 101.308). If the Board fails to take final action by the decision deadline, Sauer-Danfoss
    “may deem the permit issued.” 415 ILCS 5/40(a)(2) (2000). Currently, the decision deadline is
    March 13, 2002, (the 120th day after November 13, 2001).
    See
    35 Ill. Adm. Code 105.114. The
    Board meeting immediately before the decision deadline is scheduled for
    March 7, 2002.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination within 30 days after Sauer-Danfoss 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).
     
    On December 3, 2001, a motion to appear
    pro hac vice
    was filed in this case, by
    petitioner’s attorney. The motion is hereby granted.
     
    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 December 6, 2001, by a vote of 5-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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