ILLINOIS POLLUTION CONTROL BOARD
    September 19, 2002
     
    PERFETTI VAN MELLE USA, INC.,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 02-215
    (Permit Appeal - Air)
     
    ORDER OF THE BOARD (by C.A. Manning):
     
    On June 20, 2002, the Board, at the parties’ request, extended until September 11, 2002,
    the time period within which Perfetti Van Melle USA, Inc. (Van Melle) may appeal a May 7,
    2002 determination of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS
    5/40(a)(1) (2000)
    as amended by
    P.A. 92-0574, eff. June 26, 2002; 35 Ill. Adm. Code
    105.208(a). On September 12, 2002, Van Melle filed a petition asking the Board to review the
    Agency’s determination.
     
    The Agency denied Van Melle’s application for an air permit regarding its candy
    manufacturing facility at 151 North Hastings Lane in Buffalo Grove, Lake County. Van Melle
    appeals on numerous grounds, primarily arguing that the Agency’s denial lacked sufficient
    information for Van Melle to determine the bases for the Agency’s determination, and that the
    Agency sought to require information not mandated by statute or rule. Van Melle’s petition
    meets the content requirements of 35 Ill. Adm. Code 105.210. The Board accepts the petition for
    hearing.
     
    Van Melle has the burden of proof. 415 ILCS 5/40(a)(1) (2000)
    as amended by
    P.A. 92-
    0574, eff. June 26, 2002;
    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)
    as amended by
    P.A. 92-
    0574, eff. June 26, 2002), which only Van Melle may extend by waiver (
    see
    35 Ill. Adm. Code
    101.308). If the Board fails to take final action by the decision deadline, Van Melle “may deem
    the permit issued.” 415 ILCS 5/40(a)(2) (2000). Currently, the decision deadline is January 10,
    2003 (the 120th day after September 12, 2002).
    See
    35 Ill. Adm. Code 105.114. The Board
    meeting immediately before the decision deadline is scheduled for January 9, 2003.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by October 12, 2002. 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
     
    2
    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 September 19, 2002, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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