ILLINOIS POLLUTION CONTROL BOARD

August

4,

1988

RICK MOORE,

LEONARD

MORRIS,

and EDITH SIMPSON,

Petitioners,

v.

)

PCB 86—197

WAYNE COUNTY BOARD and

DAUBS LANDFILL, INC.,

)

Respondent.

ORDER OF THE BOARD (by J.D. Dumelle):

This matter is before the Board on two motions filed by

petitioners Rick Moore and Leonard Morris on July 7, 1988.

(Although Edith Simpson was listed as a petitioner in earlier

proceedings in this case, she is not listed as a petitioner in

either of these two motions.) The first motion asks that

Klockau, McCarthy, Ellison & Marquis, P.C. be allowed to

substitute instanter as counsel in place of former counsel James

Yoho on behalf of petitioners Rick Moore and Leonard Morris. The

motion to substitute is granted.

The second motion asks the Board to vacate its June 2, 1988

Opinion and Order, which upheld the decision of respondent Wayne

County Board granting site approval to respondent Daubs Landfill,

Inc.. Petitioners maintain that Daubs failed to perfect service

of pre—filing notice on all property owners within 250 feet of

the proposed facility. Specifically, petitioners contend that

Daubs did not serve Wayne County Bank and Trust Company, which is

listed in the county tax records as the owner of two parcels of

lands in the subject area. Petitioners thus insist that Daubs’

failure to serve notice on Wayne County and Trust constitutes a

jurisdictional defect in the proceedings, pursuant to Section

39.2(b) of the Environmental Protection Act (Ill. Rev. Stat.

1987, ch. llll/? par. 1039.2(b)), divesting the Wayne County Board

and this Board of jurisdiction. Respondent Daubs filed

objections to the motion to vacate on July 20, 1988.

Before the Board will decide petitioners motion, certain

issues must be further addressed. The Board directs the parties

to submit briefs on the issues set forth below. The Petitioners

are directed to submit their brief not later then 21 days from

the date of this Order. Respondent is directed to submit its

brief not later then 21 days thereafter.

9 1—59

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—2—

The parties shall address the following issues:

(1) Whether the Board has authority to review this

jurisdictional issue consistent with the remand order

of the Appellate Court;

(2) If the Board has such authority, whether an additional

hearing is necessary to address this issue or whether

the existing record consists of evidence sufficient to

enable the Board to render a decision. If the existing

record is believed to be sufficient, provide specific

citation to such evidence.

Also, the Board directs the Petitioners to specifically

cite, with reasons, which provisions of 35 Ill. Adm. Code

103.Subpart H: Relief From Final Orders the motion for rehearing

is founded upon.

Finally, the Board notes that it reserves ruling on PCB 88—

24 (Daubs 2) until final action is taken on Petitioners’ motion

in this proceeding.

IT IS SO ORDERED.

Board Member 13. Forcade abstained.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above Order was adopted on

the ~

day of

______________,

1987, by a vote of ~.O

Dorothy M./~unn, Clerk

Illinois P-óllution Control Board

91—60