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.
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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 December 6, 2001, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board