ILLINOIS POLLUTION CONTROL BOARD
    August
    9,
    1990
    RICHARD WORTHEN, CLARENCE BOHM,
    )
    HARRY
    PARKER,
    GEORGE ARNOLD,
    CITY OF EDWARDSVILLE, CITY OF
    TROY, VILLAGE OF MARYVILLE, and
    VILLAGE OF GLEN CARBON,
    Petitioners,
    v.
    )
    PCB 90—137
    (Landfill Siting)
    VILLAGE OF ROXANA and
    )
    LAIDLAW WASTE SYSTEMS
    (MADISON),
    INC.,
    )
    Respondents.
    ORDER OF THE BOARD (by J.
    Marlin):
    This action
    is
    a third—party appeal filed July
    23, 1990
    pursuant
    to Section 40.1(b)
    of the Environmental Protection Act
    (“Act”)
    (Ill.Rev.Stat.
    Ch. lll~,par.
    1040.1(b)).
    Petitioners
    appeal the decision of the Village of Roxana
    (“Village”) granting
    site location suitability approval.
    It appears that the petition is not duplicitous or frivolous
    and that Petitioners participated
    in the hearing below
    (See,
    Pet.
    P.
    4).
    Record Before the County Board
    P.A.
    82—682, also known as SB—172, as codified
    in Section
    40.1(a)
    of the Act,
    provides that the hearing before
    the Board
    is
    to “be based exclusively on the record before the county board or
    governing body
    of the municipality”.
    The statute does not
    specify who is to file with the Board such record or who
    is
    to
    certify to the completeness or correctness
    of the record.
    As
    the Village alone can verify and certify what exactly
    is
    the entire record before
    it,
    in the interest of protecting
    the
    rights of all parties
    to this action, and
    in order
    to satisfy
    the
    intention of SB—172,
    the Board believes that the Village must be
    the party
    to prepare and file
    the record on appeal.
    The Board
    suggests that guidance
    in
    so doing can be had by reference
    to
    Section 105.l02(a)(4) of the Board’s Procedural Rules and to
    Rules
    321 through 324
    of the Illinois Supreme Court Rules.
    In
    addition
    to the actual documents which comprise the record,
    the
    Village Clerk
    shall also prepare
    a document entitled “Certificate
    of Record on Appeal” which
    shal.l list the documents comprising
    114—93

    the record.
    Seven copies of the certificate,
    seven
    coflies of
    the
    transcript
    of the Village hearing and three copies of any other
    documents
    in the record shall be filed with the Board,
    and a copy
    of the certificate shall
    be served upon
    the petitioners.
    The
    Clerk
    of the Village
    is given
    21 days
    from the date of
    this Order
    to “prepare,
    bind and certify
    the record on appeal”
    (Ill.
    Supreme
    Court,
    Rule 324).
    Waiver
    of Decision Deadline
    Section 40.1(a)
    provides that
    if there
    is no final action by
    the Board within 120 days, petitioners 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 person who had requested 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
    decision period
    (Alliance for
    a Safe Environment,
    et
    a?.
    v. Akron
    Land Corp.
    et
    a?.,
    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
    the site location applicant
    to deem the site location approved.
    Pursuant
    to Section 105.104 of
    the Procedural Rules,
    it
    is each
    party’s responsibility
    to pursue
    its action,
    and
    to insist that a
    hearing
    on
    the 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
    Ill.
    App.
    3rd,
    472
    N.E.2d 150
    (Third District,
    1984).
    In that case,
    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.
    This matter
    is accepted
    for
    hearing.
    Hearing must be
    scheduled within
    14 days of the date of this Order and completed
    within 60 days of
    the date of this Order.
    The hearing officer
    shall inform the Clerk
    of the Board of the time and location of
    the hearing
    at least
    40 days
    in advance of hearing
    so
    that
    public
    notice of hearing may be published.
    After hearing,
    the hearing
    officer
    shall submit an exhibit
    list,
    written schedule
    for
    submission of briefs
    if any and all actual exhibits to the Board
    within
    5 days
    Of
    the hearing.
    Any briefing schedule shall
    provide
    for
    final filings
    as expeditiously as nossible
    and
    in
    no
    event
    later than
    70 days from the date of this Order.
    I
    1
    —~L’~

    —3—
    If after appropriate consultation with the parties,
    the
    parties fail to provide an acceptable hearing date or
    if after
    an
    attempt the hearing officer
    is unable
    to consult with the
    parties,
    the hearing officer shall unilaterally set
    a hearing
    date
    in conformance with the schedule above.
    This schedule will
    only provide the Board a very short
    time period
    to deliberate and
    reach
    a decision before the due date.
    The hearing officer and
    the parties are encouraged
    to expedite this proceeding as much as
    possible.
    The hearing officer may extend this schedule only on a
    waiver of the decision deadline by the site location suitability
    applicant and only for the equivalent or
    fewer number
    of days
    that
    the decision deadline
    is waived.
    Such waivers must be
    provided in writing
    to the Clerk of
    the Board.
    Any waiver must
    be an “open waiver”
    or
    a waiver of decision until
    a date
    certain.
    Because of
    requirements regarding the publication of notice
    of hearing,
    no scheduled hearing may be canceled unless
    the site
    location suitability applicant provides an open waiver
    or
    a
    waiver to
    a date at least
    120 days beyond the date of the motion
    to cancel hearing.
    This should allow ample time for the Board
    to
    republish notice of hearing and receive transcripts from the
    hearing before the due date.
    Any order
    by the hearing officer
    granting cancellation of hearing shall include
    a new hearing date
    at least
    40 days
    in the future and at least
    30 days prior
    to the
    new due date and the Clerk
    of the Board shall
    be promptly
    informed of the new schedule.
    Because
    this proceeding
    is the type for which
    the Illinois
    Environmental Protection Act sets a very short statutory deadline
    for making a decision, absent a waiver,
    the Board will grant
    extensions or modifications only in unusual circumstances.
    Any
    such motion must set forth an
    alternative schedule for notice,
    hearing, and final submissions,
    as well as the deadline for
    decision,
    including response time to such a motion.
    However,
    no
    such motion shall negate the obligation of
    the hearing officer
    to
    establish a Scheduling Order pursuant
    to the requirements of this
    Order, and to adhere
    to that Order
    until modified.
    IT
    IS SO ORDERED.
    I, Dorothy N. Gunn, Clerk
    of the Illinois Pollution Control
    Board, hereby certify that~the above Order
    was adooted on
    the
    ?t7
    day of
    _____________________
    ,
    1990,
    by
    a vote
    of
    ~
    .
    ~_7~
    ~
    Dorothy
    M. c~nn,ClerK
    Illinois Pd~1utionControl Board
    I 1.4—95

    Back to top