ILLINOIS POLLUTION CONTROL BOARD
    July 10, 2008
    JOHN BLICKHAN,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 08-59
    (Permit Appeal – Land)
    ORDER OF THE BOARD (by G.T. Girard):
    On March 28, 2008, at the parties’ request, the Board extended until June 29, 2008, the
    time period for John Blickhan (Blickhan) to appeal a February 22, 2008 determination of the
    Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2006); 35 Ill.
    Adm. Code 105.208. The Agency’s determination concerns a solid waste management site
    known as the “Blickhan Landfill,” located in Quincy, Adams County. On June 27, 2008,
    Blickhan timely filed a petition asking the Board to review the Agency’s 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, Subpart B. In this case, the Agency denied Blickhan’s application for
    completion of the post-closure care period for Blickhan’s closed landfill. Blickhan appeals on
    the grounds that the Agency “misstated the legal standard for demonstrating completion of post-
    closure care requirements.” Petition at 4. Blickhan alleges that the Agency should have
    approved his application because he (1) monitored gas, water, and settling for fifteen years after
    the Agency-certified closure of the Blickhan Landfill, in compliance with Section 22.17 of the
    Act (415 ILCS 5/22.17 (2006)); (2) completed all work required under the Agency-approved
    post-closure plan, in accordance with 35 Ill. Adm. Code 807.524(c)(1); and (3) demonstrated that
    the Blickhan Landfill will not cause future violations of the Act or the Part 807 requirements, in
    compliance with 35 Ill. Adm. Code 807.524(c)(2).
    Id
    . at 12-13. Blickhan’s petition meets the
    content requirements of 35 Ill. Adm. Code 105.210.
    The Board accepts the petition for hearing. Blickhan 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 decision.
    See
    35 Ill. Adm.
    Code 105.214(a). Accordingly, though the Board hearing affords an applicant the opportunity to
    challenge the Agency’s reasons for denial, information developed after the Agency’s decision
    2
    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),
    afff’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 Blickhan may extend by waiver
    (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by the decision deadline,
    Blickhan may deem his application approved.
    See
    415 ILCS 5/40(a)(2)(2006). Currently, the
    decision deadline is October 27, 2008, which is the first business day following the 120th day
    after the Board received the petition.
    See
    35 Ill. Adm. Code 101.300(a), 105.114. The Board
    meeting immediately before the decision deadline is scheduled for October 16, 2008.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by July 28, 2008, which is the first business day following the 30th
    day after the Board received Blickhan’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 July 10, 2008, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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