ILLINOIS POLLUTION CONTROL BOARD
    June 2, 1988
    RICK MOORE, ELEANOR MORRIS and
    LEONARD MORRIS,
    Petitioners,
    v.
    )
    PCB 88—24
    WAYNE COUNTY BOARD and DAUBS
    LANDFILL, INC.,
    Respondents.
    THOMAS L. KILBRIDE (KLOCKAU, McCARTHY, ELLISON, & MARQUIS, P.C.),
    APPEARED ON BEHALF OF PETITIONERS;
    C. STEPHEN SWOFFORD, STATE’S ATTORNEY, APPEARED ON BEHALF OF THE
    WAYNE COUNTY BOARD; and
    THOMAS 3. IMMEL (IMMEL, ZELLE, OGREN, McCLAIN, GERMERAAD &
    COSTELLO), APPEARED ON BEHALF OF DAUBS LANDFILL, INC.
    OPINION AND ORDER OF THE BOARD (by 3. Theodore Meyer):
    This matter is before the Board on a January 25, 1988
    petition for review filed by Rick Moore, Eleanor Morris, and
    Leonard Morris (petitioners). Petitioners seek review of the
    decision of the Wayne County Board granting site approval of
    Daubs Landfill Inc.’s proposed regional pollution control
    facility.
    This is an appeal of the second of two site approvals by the
    Wayne County Board of Daubs’ proposed facility. Daubs originally
    filed a request for site approval on April 8, 1986, and after
    public hearings on that request, the Wayne County Board granted
    site approval on September 30, 1986. Three citizens, including
    two of the three petitioners in this case, appealed that approval
    to this Board. (That appeal, docketed as PCB 86—197, will be
    referred to as Daubs 1, while the instant case will be referred
    to as Daubs 2.) This Board subsequently vacated the County
    Board’s siting approval in Daubs 1 on grounds of defective
    notice. Moore v. Wayne County Board, PCB 86—197 (February 19,
    1987). Daubs appealed that decision, and the Fifth District
    Appellate Court reversed the Board’s decision and remanded the
    case. Daubs Landfill, Inc. v. Pollution Control
    Board,
    ___________
    Ill. App. 3d
    __________,
    117 I1~. Dec. 626, 520
    N.E.2d 977 (5th Dist. 1988). Today the Board considered the
    90—59
    —2—
    remaining issues in Daubs 1, and upheld the County Board’s grant
    of site approval. Moore v. Wayne County Board, PCB 86—197 (June
    2, 1988).
    While Daubs 1 was pending in the appellate court, Daubs
    filed a second request for site approval with the Wayne County
    Board. That petition, filed July 8, 1987, is the basis for the
    instant case (Daubs 2). The Wayne County Board held public
    hearings on the request on November 9, 10, and 18, 1987, and
    granted site approval on December 22, 1987. Petitioners filed
    their petition for review with this Board on January 25, 1988. A
    public hearing on the petition for review was held in Fairfield,
    Illinois on March 25, 1988. A public hearing on the petition for
    review was held in Fairfield, Illinois on March 25, 1988.
    This case presents a question of first impression, because
    it is a review of the aoproval of a site where an eariler
    approval has been upheld. Petitioners and Daubs agree that both
    Daubs 1 and Daubs 2 involve the identical site and facility which
    through a quirk has been approved twice by the Wayne County
    Board. As previously noted, today the Board upheld the County
    Board’s approval of the site in Daubs 1. Thus, Daubs Landfill
    Inc. has received the required local siting approval for the
    proposed facility arid is able to apply to the Agency for permits,
    regardless of the outcome of this siting approval appeal in Daubs
    2. Even if the Board reversed the County Board’s approval in
    Daubs 2, the applicant still has the local siting approval upheld
    in Daubs 1. Because there is no relief available to petitioners,
    the Board finds that this case is moot and will dismiss the
    appeal. See Illinois Bell Telephone Co. v. Illinois Commerce
    Commission, 67 Ill. App. 3d 616, 385 N.E.2d 159 (4th Dist. 1979);
    Union Electric Co. v. Illinois Commerce Commission, 48 Ill. App.
    3d 967, 363 N.E.2d 424 (4th Dist. 1977). This dismissal
    constitutes final action by the Board for purposes of Section
    40.1 of the Act.
    This Opinion constitutes the Board’s findings of facts and
    conclusions of law.
    ORDER
    The appeal of the Wayne County Board’s December 22, 1987
    decision granting site approval to Daubs Landfill Inc. is
    dismissed as moot.
    IT IS SO ORDERED.
    90—60
    —3—
    B. Forcade abstained, and J. Anderson concurred.
    I, Dorothy K. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above 0 inion and Order was
    adopted on the 77,d day of ______________________, 1988, by a
    vote of
    ~—O
    I~ d~.
    Dorothy MffGunn, Clerk
    Illinois pollution Control Board
    90—61

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