ILLINOIS POLLUTION CONTROL BOARD
    November 6, 2003
     
    BYRON SANDBERG,
     
    Petitioner,
     
    v.
     
    THE CITY OF KANKAKEE, ILLINOIS
    CITY COUNCIL, TOWN AND COUNTRY
    UTILITIES, INC., and KANKAKEE
    REGIONAL LANDFILL, L.L.C.,
     
    Respondents.
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    PCB 04-33
    (Third-Party Pollution Control Facility
    Siting Appeal)
     
    WASTE MANAGEMENT OF ILLINOIS,
    INC.,
     
    Petitioner,
     
    v.
     
    THE CITY OF KANKAKEE, ILLINOIS
    CITY COUNCIL, TOWN AND COUNTRY
    UTILITIES, INC., and KANKAKEE
    REGIONAL LANDFILL, L.L.C.,
     
    Respondents.
     
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    PCB 04-34
    (Third-Party Pollution Control Facility
    Siting Appeal)
     
    COUNTY OF KANKAKEE, ILLINOIS, and
    EDWARD D. SMITH, KANKAKEE
    COUNTY STATE’S ATTORNEY,
     
    Petitioners,
     
    v.
     
    THE CITY OF KANKAKEE, ILLINOIS
    CITY COUNCIL, TOWN AND COUNTRY
    UTILITIES, INC., and KANKAKEE
    REGIONAL LANDFILL, L.L.C.,
     
    Respondents.
     
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    PCB 04-35
    (Third-Party Pollution Control Facility
    Siting Appeal)
    (Consolidated)
     
    2
     
    ORDER OF THE BOARD (by N.J. Melas):
     
    Today’s order concerns a motion filed by the City of Kankakee (City) on
    October 23, 2003, to waive the necessity of filing 1,700 pounds of rock core samples with the
    Board.
     
    The City granted the application of Town and Country Utilities, Inc. and Kankakee
    Regional Landfill, L.L.C. (Town & Country) to site a pollution control facility in Otto Township,
    within the City’s limits. Mr. Sandberg filed a petition for review of the City’s decision on
    September 18, 2003. Waste Management and the County of Kankakee filed their petitions on
    September 22, 2003. Section 107.304 of the Board’s procedural rules requires the local siting
    authority to file the record of proceedings including all evidence presented or relied on during
    the hearing process within 21 days after the Board accepts the matter for hearing. 35 Ill. Adm.
    Code 107.304.
     
    As part of the record in the local hearing process, Town & Country filed with the City
    approximately 1,700 pounds of rock core samples. The City asks the Board to waive the
    necessity of filing the rock core samples. The City contends the transportation of the rock core
    samples to the Board is unnecessary unless the Board desires to inspect them. The City contends
    it will retain the samples until the final disposition of this matter.
     
     
    The Board finds the City’s motion for waiver deficient. In its motion, the City does not
    request a waiver from any section of the Board’s procedural rules, nor does the City indicate
    whether the record contains any physical, geological, or other description, written or
    photographic, of the rock core samples. The Board defers ruling on the motion until the City
    provides: (1) citation to the Board’s procedural rules from which it seeks a waiver; and (2)
    whether the record contains a description of the rock core samples, including a citation to the
    record where such a description can be found.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on November 6, 2003, by a vote of 6-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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