ILLINOIS POLLUTION CONTROL BOARD
    May 4, 2006
    W.R. MEADOWS, INC.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 06-140
    (Permit Appeal - Air)
    ORDER OF THE BOARD (by G.T. Girard):
    On March 2, 2006, at the parties’ request, the Board extended until April 29, 2006, the
    time period for W.R. Meadows, Inc. (W.R. Meadows) to appeal a January 30, 2006
    determination of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS
    5/40(a)(1) (2004); 35 Ill. Adm. Code 105.208(a). On May 3, 2006, W.R. Meadows filed a
    petition asking the Board to review the Agency’s determination. Because the postmark date of
    the petition is within the extended time for filing, the petition was timely filed. 35 Ill. Adm.
    Code 101.300(b)(2), 105.404. The Agency denied renewal of the operating permit for certain
    existing equipment and processes at W.R. Meadows’ facility at Hampshire, Kane County.
    W.R. Meadows appeals on the grounds that the Agency assumption that the facility emits
    more than 100 tons of volatile organic material per year, making it subject to major source
    requirements, is incorrect. W.R. Meadows’ petition meets the content requirements of 35 Ill.
    Adm. Code 105.210. The Board accepts the petition for hearing.
    W.R. Meadows 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 W.R. Meadows may extend by waiver (
    see
    35 Ill. Adm.
    Code 101.308). If the Board fails to take final action by the decision deadline, W.R. Meadows
    “may deem the permit issued.” 415 ILCS 5/40(a)(2) (2004). Currently, the decision deadline is
    August 31, 2006 (the 120th day after May 3, 2006).
    See
    35 Ill. Adm. Code 105.114. The Board
    meeting immediately before the decision deadline is scheduled for August 17, 2006.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by June 2, 2006, which is 30 days after W.R. Meadows 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 May 4, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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