ILLINOIS POLLUTION CONTROL BOARD
    December 5, 1985
    CITY OF COLUMBIA, WALTER BYERLY, JR.,
    )
    BARBARA HEINLEIN, DANIEL HEINLEIN;
    )
    HOMER STEMLER AND LORETTA STEMLER,
    Petitioners,
    v.
    )
    PCB 85—177
    COUNTY OF ST. CLAIR AND BROWNING-
    )
    FERRIS INDUSTRIES OF ILLINOIS, INC.,
    )
    Respondents.
    ORDER OF THE BOARD (by 3. Anderson):
    On December 2, 1985 petitioners pursuant to Section 40.1 of
    the Act (also known as P.A. 82—682 and SB 172) filed an appeal to
    preserve0 an issue which they assert may be at issue: whether
    the County’s decision must be made within 120 days or 180 days of
    Browning—Ferris Industries’ (BFI’s) filing of its application for
    site location suitability approval for a new regional pollution
    control facility to avoid the application’s being “deemed
    approved” pursuant to Section 39.2(e). The petition was
    accompanied by a motion to require BFI to file an answer
    containing any assertion that a 120 day or a 180 decision
    deadline applied to this action.
    The Board notes that this petition is speculative as well as
    factually deficient in a situation where truly “time is of
    the
    essence” e.g. BFI’s application is alleged to have been filed “on
    or about June 26, 1985”. Additionally, such facts are asserted
    are unsupported by affidavit or other documentation.
    However, to avoid abridgment of any appeal rights which may
    exist, the Board will retain this matter on its docket pending
    factual clarification and a determination as to whether an actual
    timely—filed case or controversy exists of which the Board may
    take jurisdiction.
    Petitioner cites P.A. 83—1515 as amending the 120 day
    decision period established in P.A. 82—682; Petitioner shall file
    a verification of this citation. The County shall file, in
    addition to any other response it may choose to make to the
    petition or this Order, an affidavit from its Clerk stating the
    date of filing of BFI’s application, dates on which Section
    39.2(d) public hearings have been or are being held, and whether
    or when the County has reached a decision in this matter. BFI
    shall file a response to the petition and motion to include, but
    not be limited to its legal position as to whether it deems its
    application approved pursuant to Section 39.2(e). To protect the
    67-43
    —2—
    Board’s ability to timely reach any necessary decision pursuant
    to Section 40.1(a) of the Act, these filings shall be made on o~-
    before December 16 to allow for possible resolution of
    this
    matter at the Board’s December 20, 1985 meeting.
    Nothing in this Order is to be construed as implying ‘any.
    judgment of the Board concerning the merits of these filings, or
    as precluding BFI, the County, or participants at any County
    hearings from taking further actions with respect to proceedings
    concerning this application.
    Finally, the Clerk’s Office is directed to serve the parties
    with copies of this Order today by first class mail, in addition
    to the usual certified mail.
    IT IS SO ORDERED.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution
    C~r~trol
    Board, hereby certify that the above Order was adopted on
    the
    ~
    day of
    _________________
    _____,
    1985, by a vote
    of
    7
    -o
    .
    Dorothy N. unn, Clerk
    Illinois PollutiOn Control Board
    67-44

    Back to top