ILLINOIS POLLUTION CONTROL BOARD

April 16, 1987

A.,R.,FI,

LANDFILL CORPORATION,

)

Petitioner,

v.

)

PCB 87—34

VILLAGE OF ROUND LAKE PARK

AND LAKE COUNTY,

)

Respondents.

ORDER OF THE BOARD (by J.. Anderson):

In its Order of March 19, 1987, the Board noted that:

“A.,R..F..’s siting application appeal states that the

proposed facility

“~.

would be partially located

in Round Lake Park., That part of the proposed site

that would not be located in Round Lake Park would

be located in unincorporated Lake County” (Appeal,

2)., Because a portion of the facility is located

in unincorporated Lake County, this Board is

uncertain whether Lake County is a necessary party

to this proceeding, under Section 39(c) of the Act

which cQntrols jurisdiction for siting

applications.

The Board has not been briefed on what role, if

any, Lake County should have in this process..

Consequently, the Board, on its own motion, will

join Lake County as a party respondent for purposes

of determining whether Lake County is a necessary

party., Any party, including Lake County, may file

motions and briefs opposing or supporting this

joinder not later than April 10, 1987.,”

On April 10, Lake County filed a motion in support of) joinder;

the village of Round Lake Park filed a similar motion on April

13.. On April 10, A.,R.,F~ filed a motion to exclude Lake County as

a party.. As each of these “motions” is a response to the Board’s

Order, which articulates each parties position, and as 30 days of

the Board’s 120 day period for hearing and decision have already

elapsed, the Board will not delay decision to await additional

comments by the parties.,

The pleadings before the Board indicate that in order to

resolve the issues presented in this appeal, the Board may well

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be required to make factual findings concerning actions and

positions taken by Lake County in determining the correctness of

actions taken by the Village..

The Board believes that participation by Lake County as a

party which can speak by and for itself rather than as a witness

which can speak only for and through another party will develop a

superior record upon which to base the Board’s determination of

what appear to be novel issues., The Board continues to find that

Lake County is a necessary party respondent.. A.,R..F..’s motion to

exclude Lake County is therefore denied, and the motions of the

County and village for joinder are granted..

IT IS SO ORDERED.,

3., T.. Meyer dissented..

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

Board, hereby certify that th.e above Order was adopted on

the

~

day of

___________________,

1987, by a vote

of

____________.,

II

~

/j ~

~

Dorothy N. c~unn, Clerk

Illinois Pollution Control Board

77-177