ILLINOIS POLLUTION CONTROL BOARD
    June 5, 2008
    JOYCE FARMS RECYCLING, INC.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL PROTECTION
    AGENCY,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 08-49
    (Permit Appeal – Land)
    ORDER OF THE BOARD (by G.T. Girard):
    On March 20, 2008, at the parties’ request, the Board extended until June 2, 2008, the
    time period for Joyce Farms Recycling, Inc. (Joyce Farms) to appeal a January 28, 2008
    determination of the Illinois Environmental Protection Agency (Agency). The determination
    concerns a landscape waste compost facility consisting of approximately 13.62 acres located at
    3000 N. Road, Essex, Kankakee County. On June 2, 2008, Joyce Farms timely filed a petition
    asking the Board to review the Agency determination.
    See
    415 ILCS 5/40(a)(1) (2006); 35 Ill.
    Adm. Code 101.300(b), 105.208(a). 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 permit renewal, subject to conditions, to
    modify Joyce Farms’ existing landscape waste compost facility. Joyce Farms appeals on the
    grounds that several conditions in the permit are not required by the Act or the Board’s
    implementing regulations. Joyce Farms’ petition meets the content requirements of 35 Ill. Adm.
    Code 105.201.
    The Board accepts the petition for hearing. Joyce Farms 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,
    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).
    2
    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 Joyce Farms may extend by
    waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by the decision
    deadline, Joyce Farms “may deem the permit issued” as requested. 415 ILCS 5/40(a)(2) (2006).
    Currently, the decision deadline is September 30, 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 September 18, 2008.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by July 2, 2008, which is the 30th day after the Board received Joyce
    Farm’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 June 5, 2008, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

    Back to top