ILLINOIS POLLUTION CONTROL BOARD
    December 7, 2006
    KIBLER DEVELOPMENT CORPORATION
    and MARION RIDGE LANDFILL, INC.,
    Petitioners,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 07-43
    (Permit Appeal - Land)
    ORDER OF THE BOARD (by N.J. Melas):
    On November 20, 2006, Kibler Development Corporation and Marion Ridge Landfill,
    Inc. (petitioners) timely filed a petition asking the Board to review an October 18, 2006,
    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 the petitioners’ application
    to modify the permit currently effective at the Marion County Landfill, in Williamson County.
    The petitioners appeal on the grounds that Agency’s decision is arbitrary and unreasonable and
    lacks any basis in law or fact, the Agency’s denial letter, dated October 18, 2006, is vague and
    unintelligible, and the Agency has failed to identify any provision of the Act or Board
    regulations that would be violated by the requested modification. The petition meets the content
    requirements of 35 Ill. Adm. Code 105.210. The Board accepts the petition for hearing.
    The petitioners have 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 the petitioners may extend by waiver (
    see
    35 Ill. Adm.
    Code 101.308). If the Board fails to take final action by the decision deadline, the petitioners
    “may deem the permit issued.” 415 ILCS 5/40(a)(2) (2004). Currently, the decision deadline is
    March 20, 2007 (the 120th day after November 20, 2006).
    See
    35 Ill. Adm. Code 105.114. The
    Board meeting immediately before the decision deadline is scheduled for March 15, 2007.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by December 20, 2006, which is 30 days after the petitioners 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 December 7, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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