ILLINOIS POLLUTION CONTROL BOARD
    July 21, 2008
    CITY OF QUINCY, an Illinois municipal
    corporation,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 08-86
    (NPDES Permit Appeal)
    ORDER OF THE BOARD (by G.T. Girard):
    On May 15, 2008, at the parties’ request, the Board extended until July 30, 2008, the time
    period for the City of Quincy (Quincy) to appeal a March 27, 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 the Quincy wastewater treatment facility located
    at 700 West Lock & Dam Road in Quincy, Adams County. On July 16, 2008, Quincy 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 (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 issued a National Pollutant Discharge
    Elimination System (NPDES) permit to Quincy, subject to conditions. Quincy appeals on the
    numerous grounds. For example, according to Quincy, the Agency’s designation of certain
    waters as “sensitive areas” in Special Condition 14(7) of the NPDES permit, and the conditions
    based on those designations, are contrary to the factual record, applicable law, and the Agency’s
    prior actions and interpretations of applicable laws and policies. Petition at 3. Quincy’s petition
    meets the content requirements of 35 Ill. Adm. Code 105.210.
    The Board accepts the petition for hearing. Quincy has the burden of proof.
    See
    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),
    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 Quincy may extend by waiver
    (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by the decision deadline,
    Quincy “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 November 13, 2008, which is the 120th day after the Board received the petition.
    The Board meeting immediately before the decision deadline is scheduled for November 6,
    2008.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by August 15, 2008, which is the 30th day after the Board received
    Quincy’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 21, 2008, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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