ILLINOIS POLLUTION CONTROL BOARD
    June 6, 2002
     
    METROPOLITAN WATER
    RECLAMATION DISTRICT OF GREATER
    CHICAGO (Lemont Plant),
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 02-214
    (NPDES Permit Appeal)
     
    ORDER OF THE BOARD (by C.A. Manning):
     
    On May 31, 2002, the Metropolitan Water Reclamation District of Greater Chicago
    (District) timely filed a petition asking the Board to review a May 17, 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 imposed additional conditions on the National Pollutant Discharge
    Elimination System permit it used for the District’s wastewater treatment facility located at 13
    Stephen Street, Lemont, Cook County. The District appeals on the grounds, among others,
    that the Agency reclassified a certain discharge as a combined sewer overflow rather than an
    emergency high level overflow. The District’s petition meets the content requirements of 35
    Ill. Adm. Code 105.210. The Board accepts the petition for hearing.
     
    The District 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 District may extend by waiver (
    see
    35 Ill. Adm. Code
    101.308). If the Board fails to take final action by the decision deadline, the District “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 28, 2002 (the 120th day after May 31, 2002).
    See
    35 Ill. Adm. Code 105.114.
    The Board meeting immediately before the decision deadline is scheduled for September 19,
    2002.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the
    entire record of its determination by June 30, 2002 which is 30 days after the District filed the
     
    2
    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 June 6, 2002, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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