ILLINOIS POLLUTION CONTROL BOARD

November

21, 1985

MCHENRY COUNT~1LANDFILL, INC~,

Petitioner,

PCB 85~192

COUNTY BOARD OF MCHENRY

COUNTY,

ILLINOIS,

Respondent,

and

/\RTHUR

T.

McINTOSH

& CO.,

)

Respondent~Objector

ORDER OF THE BOARD

(by ~

Anderson):

On October

15, 1985,

the McHenry County Landfill,

Inc.

(Landfill)

filed

a petition pursuant to Section 40.1 of

the

Environmental Protection Act (also known as P.A, 82—682 and

SB172)

challenging

the October

15,

1985 decision of the County

Board

of McHenry County,

Illinois

(County) denying site location

suitability approval

for

a new regional pollution control

tacility.

(The County~saction was taken pursuant

to remand

of

this proceeding for further proceedings pursuant

to the 13oard~s

Opinion and Order

in McHenry County Landfill,

Inc.

v.

County

~

PCB 85—56

and PCB 85—61

through PCB

85—66

(consolidated), September 20,

1985.)

A cross appeal was

filed by Arthur T, McIntosh and Co.

on November

21, 1985.

Record Before The County Board

The Board on

its own motion

incorporates the

record of the

prior proceedings

into this action.

As the County has previously

submitted, pursuant to

the Board~sOrder of May 2,

1985

in the

prior dockets,

the record

of the proceedings before

it prior

to

the September 20, 1985

remand,

the Board will not require the

resubmission of multiple copies of

these documents.

The County

Clerk

is therefore directed

to prepare

a document entitled

“Certificate of Record on Appeal” which

shall

list the documents

comprising

the

record,

including those documents

included

in the

County record both before

and after September

20, 1985.

The

Certificate

shall

in some way indicate those documents not

previously submitted to the Board,

Seven copies of

the

certificate

and three copies of any documents not previously

submitted shall

be filed with the Board,

and a copy

of the

certificate

shall

be served upon the petitioners.

These actions

shall

be accomplished within

21 days of

the date of

this Order.

66~447

---

Section 40.1(a)

provides that

if

there

is no final

action by

the Board within 90 days, petitioner may deem the site location

approved.

The Board

has construed identical “in accordance with the

terms

of”

language contained in Section 40(b)

of

the Act

concerning third-party appeals of

the grant of hazardous waste

landfill permits as giving

the ~

who had received the

permit

a)

the right to a decision within

the applicable statutory

time frame

(now

120 days),

and

b)

the right

to waive

(extend)

the

dec i sion pe riod

( Alliance__for

a

Safe

Environment,

etal_.v.A kron

PCB 80—184, October

30, 1980).

The Board

therefore construes Section 40.1(b)

in like manner, with the

result

that failure

of this Board

to act

in 120 days would allow

respondent to deem the site location approved.

Pursuant

to

Section 105.104

of the Procedural

Rules,

it

is each petitioner~s

responsibility

to pursue

its action,

and

to insist that

a hearing

on

its petition

is timely scheduled

in order

to allow

the Board

to review the record and

to render

its decision within 120 days

of

the filing of

the petition.

Transcription Costs

The issue

of who has

the burden of providing transcription

in Board

site location suitability appeals has been addressed

in

Town

of Ottawa,

et al.

v.

IPCB,

et al., 129

111.

App.

3rd,

472

~

that ease,

the Court

ordered

the Board

to assume transcription costs

(472 N.E. 2d

at

155).

The Supreme Court denied

leave

to appeal on March 14,

1985.

In cognizance

of this ruling,

the Board will provide

for

stenographic transcription of the Board hearing

in this matter.

IT

IS SO ORDERED.

I,

Dorothy

H. Gunn,

Clerk of the Illinois Pollution Control

Board hereby certify that the above Order was adopted on

the

~

day of

~

1985 by

a vote

of

~thy~n~C1erk~

Illinois Pollution Control

Board

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