ILLINOIS POLLUTION CONTROL BOARD
    October 16, 2003
     
    JO’LYN CORPORATION,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 04-49
    (Permit Appeal - Land)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On October 6, 2003, Jo’Lyn Corporation timely filed a petition asking the Board to
    review a September 9, 2003 determination of the Illinois Environmental Protection Agency
    (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code 105.206(a). At issue is the
    Agency’s denial of a request for a permit to store and recycle bituminous shingle material
    regarding Jo’Lyn Corporation’s paving dust suppressant material manufacturing facility in
    Harvard, McHenry County. Jo’Lyn Corporation appeals on the grounds that the bituminous
    material is not a waste, so no permit is necessary. Jo’Lyn Corporation’s petition meets the
    content requirements of 35 Ill. Adm. Code 105.210. The Board accepts the petition for hearing.
     
    Jo’Lyn Corporation has the burden of proof. 415 ILCS 5/40(a)(1) (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) (2002)), which only Jo’Lyn Corporation may extend by waiver. S
    ee
    35 Ill.
    Adm. Code 101.308. If the Board fails to take final action by the decision deadline, Jo’Lyn
    Corporation “may deem the permit issued.” 415 ILCS 5/40(a)(2) (2002). Currently, the decision
    deadline is February 3, 2003 (the 120th day after October 6, 2003).
    See
    35 Ill. Adm. Code
    105.114. The Board meeting immediately before the decision deadline is scheduled for
    January 22, 2004.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by November 5, 2003 which is 30 days after Jo’Lyn Corporation 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).
     
     
     
     
     
    2
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on October 16, 2003, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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