ILLINOIS POLLUTION CONTROL BOARD
    May 16, 2002
     
    SOUTHERN ILLINOIS UNIVERSITY,
    EDWARDSVILLE,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 02-105
    (NPDES Permit Appeal)
     
    ORDER OF THE BOARD (by N.J. Melas):
     
    On February 7, 2002, the Board, at the parties’ request, extended until May 7, 2002,
    the time period within which Southern Illinois University, Edwardsville (SIUE) may appeal a
    January 2, 2002 determination of the Illinois Environmental Protection Agency (Agency).
    See
     
    415 ILCS 5/40(a)(1) (2000); 35 Ill. Adm. Code 105.208(a). On May 6, 2002, SIUE filed a
    petition asking the Board to review the Agency’s determination.
     
    The Agency issued a final National Pollutant Discharge Elimination System (NPDES)
    permit for discharges from SIUE’s heating and cooling facility to Tower Lake at the SIUE
    campus, Highway 157, Edwardsville, Madison County. SIUE appeals on these grounds: the
    discharge of its non-contact cooling water does not have to meet the temperature requirements
    of 35 Ill. Adm. Code 211(d) and (e) because Tower Lake is man-made and has no natural
    temperature; that several of the permit requirements apply to rivers as opposed to lakes and
    thus are not applicable; that the proposed permit provides no monitoring points in Tower Lake;
    and that the monitoring requirements for the permit are inconsistent. SIUE’s petition meets the
    content requirements of 35 Ill. Adm. Code 105.210. The Board accepts the petition for
    hearing.
     
    SIUE 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 SIUE may extend by waiver (
    see
    35 Ill. Adm. Code
    101.308). If the Board fails to take final action by the decision deadline, SIUE “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
    September 3, 2002.
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before
    the decision deadline is scheduled for August 22, 2002.
     
    2
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the
    entire record of its determination by June 6, 2002 which is 30 days after SIUE 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 May 16, 2002, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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