ILLINOIS POLLUTION CONTROL BOARD
    January 22, 2004
    SALINE COUNTY LANDFILL, INC.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 04-117
    (Permit Appeal - Land)
    ORDER OF THE BOARD (by G.T. Girard):
    On January 8, 2004, Saline County Landfill, Inc. (Saline County Landfill) timely filed a
    petition asking the Board to review a December 5, 2003, determination of the Illinois
    Environmental Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code
    105.206(a). The Agency denied Saline County Landfill’s request for a permit modification
    because Saline County Landfill failed to provide proof of local siting approval for the facility in
    Saline County. Saline County Landfill appeals on the grounds that the application proved that
    the landfill expansion did not violate the Environmental Protection Act (Act) (415 ILCS 5/1
    et
    seq
    . (2002)) and Board regulations. Saline County Landfill’s petition meets the content
    requirements of 35 Ill. Adm. Code 105.210. The Board accepts the petition for hearing.
    Saline County Landfill 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 Saline County Landfill may extend by waiver (
    see
    35 Ill.
    Adm. Code 101.308). If the Board fails to take final action by the decision deadline, Saline
    County Landfill “may deem the permit issued.” 415 ILCS 5/40(a)(2) (2002). Currently, the
    decision deadline is May 7, 2004, (the 120th day after January 8, 2004).
    See
    35 Ill. Adm. Code
    105.114. The Board meeting immediately before the decision deadline is scheduled for May 6,
    2004.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by February 9, 2004, which is 30 days after Saline County Landfill
    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.
    2
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on January 22, 2004, by a vote of 5-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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