ILLINOIS POLLUTION CONTROL BOARD
    February 21, 2002
     
    ESG WATTS, INC. (Taylor Ridge Landfill),
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 02-55
    (Permit Appeal - Land)
     
    ORDER OF THE BOARD (by C.A. Manning):
     
    On November 15, 2001, the Board, at the parties’ request, extended until February 11,
    2002 the time period within which ESG Watts, Inc. (ESG) may appeal an October 9, 2001
    determination of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS
    5/40(a)(1) (2000); 35 Ill. Adm. Code 105.208(a). On February 8, 2002, ESG filed a petition
    asking the Board to review the Agency’s determination.
     
    The Agency denied the application for significant modification regarding ESG’s landfill
    in Rock Island County. ESG appeals on the grounds that local siting should not be required
    because this is not a new facility, that ESG’s compliance history is an improper basis for denial,
    and that ESG was not afforded an opportunity to respond to technical issues during the permit
    process. ESG’s petition meets the content requirements of 35 Ill. Adm. Code 105.210. The
    Board accepts the petition for hearing.
     
    ESG 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 ESG may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board
    fails to take final action by the decision deadline, ESG “may deem the permit issued.” 415 ILCS
    5/40(a)(2) (2000). Currently, the decision deadline is June 8, 2002 (the 120th business day after
    February 8, 2002).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before the
    decision deadline is scheduled for June 6, 2002.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination within 30 days after ESG 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 21, 2002, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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