August 6, 2009WISCONSIN ELECTRIC POWERCOMPANY d/b/a WE ENERGIES,Petitioner,v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,Respondent.
Id.
Section 3.135(b) of the Act
specifically provides that all Agency beneficial use determinations are “subject to review underSection 40” of the Act, which governs appeals of Agency permit decisions.
See Alton Packaging Corp.
v. PCB, 162 Ill. Adm. Code 101.308). If the Board fails to take final action by the decision
deadline, We Energies may deem its request granted. The record must comply with the content requirements of 35 Ill.
Allowed
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