ILLINOIS POLLUTION CONTROL BOARD
    August 4, 2005
     
    ST. FRANCIS PET CREMATORY &
    KENNELS, INC.,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 06-13
    (Permit Appeal - Land)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    Systems (St. Francis) timely filed a petition asking the Board to review a July 1, 2005
    determination of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS
    5/40(a)(1) (2004); 35 Ill. Adm. Code 105.206(a). The Agency denied St. Francis’ application to
    modify its existing permit that allows it to transfer, store, and incinerate animal carcasses. The
    Agency denial stated that the existing 1999 siting approval from Winnebago County did not
    cover the requested modification to allow St. Fr
    waste” (PIMW). This denial
    nary waste incineration facility at 3255 Gleasman
     
    St. Francis appeals on the grounds that having obtained pollution control facility citing
    approval for incineration of animal carcasses, no additional siting approval was needed for
    incineration of PIMW. St. Francis’ petition meets the content requirements of 35 Ill. Adm. Code
    105.210. The Board accepts the petition for hearing.
     
    St. Francis has the burden of proof. 415 ILCS 5/40(a)(1) (2004);
    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) (2004)), which only St. Francis may extend by waiver (
    see
    35 Ill. Adm. Code 101.308).
    If the Board fails to take final action by the decision deadline, St. Francis “may deem the permit
    issued.” 415 ILCS 5/40(a)(2) (2004). Currently, the decision deadline is November 26, 2005 (the
    120th day after July 29, 2005).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately
    before the decision deadline is scheduled for November 17, 2005.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by August 28, 2005, which is 30 days after St. Francis filed the
    petition. 35 Ill. Adm. Code 105.212(a). If the Agency wishes to seek additional time to file the
     
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    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 August 4, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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