ILLINOIS POLLUTION CONTROL BOARD
    January 24, 2002
     
    CASE CORPORATION,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 02-95
    (NPDES Permit Appeal)
     
    ORDER OF THE BOARD (by C.A. Manning):
     
    On January 14, 2002, Case Corporation (Case) timely filed a petition asking the Board to
    review a December 7, 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 petition recites
    that Case received the determination on December 11, 2001; the last day for the timely filing of a
    petition was January 15, 2002.
     
    The Agency determination imposed conditions on Case’s National Pollution Discharge
    Elimination System renewal permit. Case’s facility manufactures combines, cotton pickers, and
    other farm implements in East Moline, Rock Island County. Case appeals on the grounds that
    the permit conditions are contrary to applicable law, and unnecessary to accomplish the purposes
    of the Environmental Protection Act and the Board’s regulations. Case’s petition meets the
    content requirements of 35 Ill. Adm. Code 105.210. The Board accepts the petition for hearing.
     
    The Agency 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 Case may extend by waiver (
    see
    35 Ill. Adm. Code
    101.308). If the Board fails to take final action by the decision deadline, Case “shall be entitled
    to an Appellate Court order pursuant to subsection (d) of Section 41 of this Act [415 ILCS
    5/41(d) (2000)].” 415 ILCS 5/40(a)(3) (2000). Currently, the decision deadline is
    May 14, 2002 (the 120th day after January 14, 2002).
    See
    35 Ill. Adm. Code 105.114. The
    Board meeting immediately before the decision deadline is scheduled for May 2, 2002.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination within 30 days after Case 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 January 24, 2002, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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