ILLINOIS POLLUTION CONTROL BOARD
    August 17, 2006
     
    CITGO PETROLEUM CORPORATION,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 07-10
    (NPDES Permit Appeal - Water)
     
          
    ORDER OF THE BOARD (by G.T. Girard):
     
    On August 14, 2006, Citgo Petroleum Corporation (Citgo) timely filed a petition asking
    the Board to review a July 28, 2006 determination of the Illinois Environmental Protection
    Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2004); 35 Ill. Adm. Code 101.300(b), 105.206(a).
    The Agency determination being appealed is a reissuance of a National Pollutant Discharge
    Elimination System (NPDES) permit to Citgo, with conditions. The permit is for Citgo’s
    petroleum refinery located at 135th Street and New Avenue in Lemont, Will County. According
    to the petition, the refinery discharges, among other things, wastewater to the Chicago Sanitary
    & Ship Canal.
     
    Citgo appeals on the grounds that certain specified conditions in the reissued NPDES
    permit are unnecessary or contain requirements that either are not applicable or are inconsistent
    with other requirements already applicable to the refinery. Petition at 2-7. The Board accepts
    the petition for hearing. Citgo has the burden of proof.
    See
    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 Citgo may extend by waiver (
    see
    35 Ill. Adm. Code
    101.308). If the Board fails to take final action by the decision deadline, Citgo “shall be entitled
    to an Appellate Court order pursuant to subsection (d) of Section 41 [415 ILCS 5/41(d)
    (20020)].” 415 ILCS 5/40(a)(3) (2004). Currently, the decision deadline is December 12, 2006
    (the 120th day after August 14, 2006).
    See
    35 Ill. Adm. Code 105.114. The Board meeting
    immediately before the decision deadline is scheduled for November 16, 2006.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by September 13, 2006, which is 30 days after the Board received
    Citgo’s petition.
    See
    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.
    See
    35 Ill. Adm. Code 105.116. The record must comply with the content
    requirements of 35 Ill. Adm. Code 105.212(b).
     
      
     
     
     
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    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 17, 2006, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
      
     

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