ILLINOIS POLLUTION CONTROL BOARD
    March 6, 2008
    METROPOLITAN WATER RECLAMATION
    DISTRICT OF GREATER CHICAGO,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL PROTECTION
    AGENCY,
    Respondent.
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    PCB 08-47
    (NPDES Permit Appeal)
    ORDER OF THE BOARD (by G.T. Girard):
    On February 29, 2008, the Metropolitan Water Reclamation District of Greater Chicago
    (District) timely filed a petition asking the Board to review a January 25, 2008 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(a). The determination concerns the District’s water reclamation
    plant at 13 Stephen Street in Lemont, Cook County (Lemont WRP). 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. In this case, the Agency issued a National Pollutant Discharge Elimination
    System (NPDES) permit, No. IL0028070, for the District’s Lemont WRP. The District appeals
    on the grounds that Special Condition 14.1.b of the NPDES permit is not necessary to
    accomplish the purposes of the Act and Board regulations and is otherwise arbitrary and
    capricious. According to the petition, the permit condition is “not reflective of the average dry
    weather flow that is currently being treated at the existing Lemont WRP” and “does not
    distinguish between existing plant capacity and the proposed expanded plant capacity.” Petition
    at 3. The District’s petition meets the content requirements of 35 Ill. Adm. Code 105.210.
    The Board accepts the petition for hearing. The District 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, 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
    ,
    2
    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 the District may extend by
    waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by the decision
    deadline, the District “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 June 30, 2008, which is the first business day following 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 June 19, 2008.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by March 31, 2008, which is the first business day following the 30th
    day after the Board received the District’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 March 6, 2008, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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