ILLINOIS POLLUTION CONTROL BOARD
    February 7, 2002
     
    CITY OF QUINCY, an Illinois municipal
    corporation,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 02-106
    (NPDES Permit Appeal)
     
    ORDER OF THE BOARD (by C.A. Manning):
     
    On February 1, 2002, the City of Quincy (City) timely filed a petition asking the Board to
    review a December 28, 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 imposed a special condition on the National Pollutant Discharge Elimination
    System permit for the City’s sewage treatment plant in Quincy, Adams County. The City
    appeals on the grounds, among others, that the special condition requiring first flush testing is
    not economically feasible or technically practicable, and is not necessary for compliance. The
    City’s petition meets the content requirements of 35 Ill. Adm. Code 105.210. The Board accepts
    the petition for hearing.
     
    The City 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 the City may extend by waiver (
    see
    35 Ill. Adm. Code
    101.308). If the Board fails to take final action by the decision deadline, the City “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
    June 1, 2002 (the 120th day after February 1, 2002).
    See
    35 Ill. Adm. Code 105.114. The Board
    meeting immediately before the decision deadline is scheduled for May 16, 2002.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination within 30 days after the City 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).
     
    IT IS SO ORDERED.
     
    2
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on February 7, 2002, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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