ILLINOIS POLLUTION CONTROL BOARD

February 11, 1976

LANDFILL, INC.,

Complainant,

v.

)

PCB 75—440

ENVIRONMENTAL PROTECTION

AGENCY,

Respondent.

OPINION AND ORDER OF THE

BOARD

(by Mr. Goodman):

On November 12, 1975, Landfill, Inc. (Landfill) filed with

the Pollution Control Board (Board) a Petition for Permit Appeal,

appealing the Environmental Protection Agency’s (Agency) denial of

its application for a permit to develop and operate a solid waste

management site in Palos Township, Cook County, Illinois. A hear-

ing was held in this matter on December 22, 1975, at the Office of

the Pollution Control Board in Chicago, Illinois. At the hearing,

the parties presented a document entitled Stipulations of Fact and

Questions of Law (Stipulation)

.

No other evidence was presented.

On January 14, 1976, both parties submitted briefs supporting their

positions.

The facts stipulated to by the parties indicate that from June

2, 1972 until October, 1975, Landfill repeatedly met with the

Agency, both orally and in writing, pursuant to the Solid Waste

Regulations (Regulations) permitting procedure. In early October,

1975, Landfill filed its final amended permit application contain-

ing information which the Agency had indicated was the final infor-

mation required to comply with the Environmental Protection Act (Act)

and the Regulations.

The parties agree that, prior to September 26, 1975, the Agency

was prepared to issue a Development Permit on the basis of Landfill’s

final application. However, on September 26, 1975, the Illinois

Supreme Court decided the case of Carlson v. City of Worth, in which

it held that the Agency may not delegate to local units of govern-

ment its responsibility to consider land use questions in determining

20—61

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whether a sanitary landfill should be permitted to operate at a speci-

fied location. The denial letter, dated October 29, 1975, denied the

application pending receipt of information concerning land use and

location which was not previously required by the Agency. On November

12, 1975, Landfill, denying that the Agency had authority to request

such information under the existing Regulations, filed the instant

Permit Appeal.

The sole question before the Board at this time is whether the

Agency had the authority to determine that certain information on

land use and location was necessary in order for Landfill’s permit

application to be considered complete. At issue is the Agency’s

authority to request information.

We hold that the Agency does have authority to require Landfill

to submit the requested information concerning land use and loca-

tion. Rule 205(6) of the Regulations, Applications for Permits,

provides:

The Agency may adopt procedures requiring such addi-

tional information as is reasonably necessary to de-

termine whether the solid waste management site will

meet the requirements of the Act and Regulations.

Land use and location are necessary factors to consider in granting

a permit for a solid waste management site. Section 27 of the Act

provides that the Board in promulgating Regulations shall take into

account “...the character of the area involved, including the character

of surrounding land uses, zoning...” Prior to Carison the Agency was

delegating the question of land use and location to local units of

government. Carlson held, however, that:

.The Environmental Protection Agency has not

been authorized to delegate the responsibility

placed upon it by the General Assembly to decide

whether or not a sanitary landfill should be

permitted to operate at a specified location.”

Rule 316(a) (4) of the Solid Waste Regulations concerning the infor-

mation to be included in an application for a Development Permit

states:

Land use and population density of the proposed

sanitary landfill site and of the area surround-

ing the site within one mile of the site boundaries.

Clearly, information on land use and location is reasonably necessary

20—62

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to determine whether the landfill in question will meet the require-

ments of the Act and Regulations. Therefore, the Agency, pursuant to

rule 205(6), had the authority to require Landfill to submit such

information.

The Agency’s denial of Landfill’s application for a permit to

develop and operate a solid waste management site is affirmed. Land-

fill’s Petition for Permit Appeal is dismissed.

ORDER

It is the Order of the Pollution Control Board that Petitioner’s

appeal from denial of its permit is dismissed.

IT IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution Control

Board, hereby certify the above Opinion and Order were adopted on

the

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day of~tt&~

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1976 by a vote of

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Christan L. orfet

rk

Illinois Pollution trol Board