ILLINOIS POLLUTION CONTROL BOARD
September 20, 2007
PEORIA DISPOSAL COMPANY,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
)
)
)
)
)
)
)
)
PCB 08-25
(Permit Appeal - RCRA)
ORDER OF THE BOARD (by G.T. Girard):
On September 17, 2007, Peoria Disposal Company (PDC) timely filed a petition asking
the Board to review an August 30, 2007 determination of the Illinois Environmental Protection
Agency (Agency).
See
415 ILCS 5/40(a)(1) (2006); 35 Ill. Adm. Code 101.300(b), 105.206. In
the determination, the Agency denied PDC’s application to modify the permit for its landfill in
Peoria County. For the reasons below, the Board accepts the petition for review.
Under the Environmental Protection Act (Act) (415 ILCS 5 (2006)), 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) (2006); 35 Ill.
Adm. Code 105.Subpart D. In this case, the Agency denied PDC’s application to modify its
“RCRA [Resource Conservation and Recovery Act] Part B Permit No.
ILD000805812/1438120003, Log No. 24,” which the Agency issued to PDC on November 4,
1987. Petition at 1. The Agency stated that PDC’s proposed changes to the landfill would
constitute the creation of a new pollution control facility and that PDC does not qualify for the
exclusion under Section 3.330(a)(3) of the Act (415 ILCS 5/3.330(a)(3) (2006)).
Id
. at 2. The
Agency further stated that Section 39(c) of the Act (415 ILCS 5/39(c) (2006)) prohibits it from
issuing the requested permit because PDC failed to provide proof of local siting approval.
Id
.
PDC appeals on the grounds that the Agency erred as a matter of law in concluding that the
Section 3.330(a)(3) exclusion for sites handling “wastes generated by such person’s own
activities” is inapplicable.
Id
. PDC maintains that its proposed “Residual Waste Landfill” would
accept for disposal only “treated residue waste generated by PDC” and that PDC was therefore
not required to submit proof of local siting approval.
Id
. at 2-3. PDC’s petition meets the
content requirements of 35 Ill. Adm. Code 105.210.
The Board accepts the petition for hearing. PDC has the burden of proof. 415 ILCS
5/40(a)(1) (2006);
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,
2
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.
Community Landfill Co. & City of Morris v. PCB & IEPA
,
331 Ill. App. 3d 1056, 772 N.E.2d 231 (3rd Dist. 2002).
Hearings will be scheduled and completed in a timely manner, consistent with the
decision deadline (
see
415 ILCS 5/40(a)(2) (2006)), which only PDC may extend by waiver (
see
35 Ill. Adm. Code 101.308). If the Board fails to take final action by the decision deadline, PDC
“shall be entitled to an Appellate Court order pursuant to subsection (d) of Section 41 of this Act
[415 ILCS 5/41(d) (2006)].” 415 ILCS 5/40(a)(3) (2006). Currently, the decision deadline is
January 15, 2008, 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
January 10, 2008.
Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
record of its determination by October 17, 2007, which is 30 days after the Board received
PDC’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, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above order on September 20, 2007, by a vote of 4-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board