ILLINOIS POLLUTION CONTROL BOARD
    April 4, 2002
     
    VILLAGE OF FINDLAY,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 02-158
    (NPDES Permit Appeal)
     
    ORDER OF THE BOARD (by R.C. Flemal):
     
    On March 22, 2002, the Village of Findlay (Findlay) timely filed a petition asking the
    Board to review a March 19, 2002 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
    granted Findlay a permit regarding Findlay’s wastewater treatment facility in Findlay, Shelby
    County. Findlay appeals on the grounds that it cannot meet the 2.4 mg/l per month average
    discharge for ammonia nitrogen. Findlay’s petition meets the content requirements of 35 Ill.
    Adm. Code 105.210. The Board accepts the petition for hearing.
     
    Findlay 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, consis
    tent with the decision deadline (
    see
    415 ILCS 5/40(a)(2)
    (2000)), which only Findlay may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the
    Board fails to take final action by the decision deadline Findlay “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). However, in its petition for review, Findlay waived its right to a
    decision within the statutory deadline.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination within 30 days after Findlay 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.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on April 4, 2002, by a vote of 6-0.
     
     
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    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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