ILLINOIS POLLUTION CONTROL BOARD
    April 19, 2007
    CITY OF JOLIET,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 07-94
    (Permit Appeal - Water)
    ORDER OF THE BOARD (by G.T. Girard):
    On March 21, 2007, the City of Joliet (City) timely filed a petition asking the Board to
    review a February 16, 2007 determination of the Illinois Environmental Protection Agency
    (Agency).
    See
    415 ILCS 5/40(a)(1) (2007); 35 Ill. Adm. Code 105.206(a). The determination
    concerns a supplemental permit addressing the City’s application of sewage sludge to
    agricultural lands. For the reasons below, the Board accepts the petition for review.
    Under the Environmental Protection Act (Act) (415 ILCS 5 (2004)), the Agency is the
    permitting authority, responsible for administering Illinois’ regulatory programs to protect the
    environment. If the Agency denies a permit or grants one with conditions, the permit applicant
    may appeal the Agency’s decision to the Board.
    See
    415 ILCS 5/4, 5, 40(a)(1) (2004); 35 Ill.
    Adm. Code 105.Subpart B. In this case, the City states that it owns and operates three
    wastewater treatment plants. According to the petition, the City operates water pollution control
    facilities as part of its wastewater treatment plant operations, the sewage sludge from which is
    permitted to be applied by the City to agricultural lands. On February 16, 2007, the Agency
    modified the City’s sewage sludge permit (Permit No. 2006-SC-4784-2). The City objects to
    Special Condition No. 2 in the February 16, 2007 permit, maintaining that there is no basis in
    law or fact to support inclusion of the condition as written. The City’s petition meets the content
    requirements of 35 Ill. Adm. Code 105.210.
    The Board accepts the petition for hearing. The City 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 Agency issued its permit decision.
    See
    35 Ill. Adm. Code 105.214(a). Accordingly, though the Board hearing affords a permit
    applicant the opportunity to challenge the Agency’s reasons for denying or conditionally
    granting the permit, information developed after the Agency’s decision typically is not admitted
    at hearing or considered by the Board.
    See
    Alton Packaging Corp. v. PCB, 162 Ill. App. 3d 731,
    738, 516 N.E.2d 275, 280 (5th Dist. 1987); Community Landfill Co. & City of Morris v. IEPA,
    PCB 01-170 (Dec. 6, 2001),
    aff’d sub nom.
    331 Ill. App. 3d 1056, 772 N.E.2d 231 (3rd Dist.
    2002).
    2
    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 City may extend by waiver
    (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by the decision deadline,
    the City “may deem the permit issued” as requested. 415 ILCS 5/40(a)(2) (2004). Currently, the
    decision deadline is July 19, 2007, which is the 120th day after the Board received the petition.
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before the decision deadline is
    scheduled for July 12, 2007.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by April 20, 2007, which is 30 days after the Board received the
    City’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).
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on April 19, 2007, by a vote of 3-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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