ILLINOIS POLLUTION CONTROL BOARD
    January 23, 2003
     
    WASTE MANAGEMENT OF ILLINOIS,
    INC.,
     
    Petitioner,
     
    v.
     
    COUNTY BOARD OF KANE COUNTY,
    ILLINOIS,
     
    Respondent.
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    PCB 03-104
    (Pollution Control Facility
    Siting Appeal)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On January 14, 2003, Waste Management of Illinois, Inc., (Waste Management) timely
    filed a petition asking the Board to review a December 10, 2002 decision of the County Board of
    Kane County, Illinois (Kane County Board).
    See
    415 ILCS 5/40.1(a) (2002), 35 Ill. Adm. Code
    107.204. The Kane County Board denied Waste Management’s application to site a pollution
    control facility, the proposed Woodland Transfer Facility, to be located on Route 25 and Route
    64 in unincorporated Kane County.
     
    Section 40.1(a) of the Environmental Protection Act (Act) (415 ILCS 5/40.1(a) (2002)),
    authorizes Waste Management to appeal to the Board. Waste Management appeals on the
    grounds that the procedures used by the Kane County Board were fundamentally unfair. Waste
    Management also contends that the Kane County Board’s decision that criteria (ii), (iii), (vi), and
    (viii) of Section 39.2 of the Act was against the manifest weight of the evidence. Waste
    Management’s petition meets the content requirements of 35 Ill. Adm. Code 107.208. The
    Board accepts the petition for hearing.
     
    Waste Management has the burden of proof. 415 ILCS 5/40.1(a) (2002),
    see also
    35 Ill.
    Adm. Code 105.506. Hearings will be based exclusively on the record before the Kane County
    Board except when considering the issue of fundamental fairness. 415 ILCS 5/40.1(a) (2002).
    Hearings will be scheduled and completed in a timely manner, consistent with the decision
    deadline (
    see
    415 ILCS 5/40.1(a) (2002), which only Waste Management may extend by waiver
    (35 Ill. Adm. Code 107.504;
    see
     
    also
    35 Ill. Adm. Code 101.308). If the Board fails to take final
    action by the decision deadline, Waste Management “may deem the site location approved.” 415
    ILCS 5/40.1(a) (2002). Currently, the decision deadline is May 14, 2003 (the 120th day after
    January 14, 2003).
    See
    35 Ill. Adm. Code 107.504. The Board meeting immediately before the
    decision deadline is scheduled for May 1, 2003.
     
    The Kane County Board must file the entire record of its proceedings within 21 days after
    the date of this order. The record must comply with the content and certification requirements of
    35 Ill. Adm. Code 107.304, 107.308. Waste Management must pay the Kane County Board the
     
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    cost of preparing and certifying the record. 415 ILCS 5/39.2(n) (2002); 35 Ill. Adm. Code
    107.306;
    see also
    35 Ill. Adm. Code 107.502(b).
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on January 23, 2003, by a vote of 6-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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