ILLINOIS POLLUTION CONTROL BOARD
    July 11, 1991
    CITIZENS FOR CONTROLLED LANDFILLS
    )
    )
    Petitioner,
    PCB 91—89
    v.
    )
    LAIDLAW WASTE SYSTEMS (BELLEVILLE)
    )
    INC.
    AND
    ST. CLAIR COUNTY BOARD,
    )
    )
    Respondents.
    THE YMCA OF SOUTHWEST ILLINOIS,
    Petitioner,
    v.
    )
    PCB 91-90
    (consolidated)
    LAIDLAW WASTE SYSTEMS (BELLEVILLE)
    (Land Siting Review)
    INC.
    AND
    ST. CLAIR COUNTY BOARD,
    Respondents.
    ORDER OF THE BOARD (by J.D. Dumelle):
    This matter comes before the Board by Laidlaw Waste Systems
    (Belleville) Inc., (“Laidlaw”) motion filed on June 12, 1991. In
    this filing, Laidlaw asserts that Petitioner YMCA should pay the
    costs of certifying the record on the county level pursuant to the
    mandate of Ill. Rev. Stat. ch. 111—1/2, par. 1039.2 (n). The YMCA
    filed its response on June 17, 1991, and asserted that Laidlaw did
    not have standing to make this claim and, further, that it is a
    citizens group within the meaning of Section 39.2(n) of the Act.
    We hold today that the provisions of Section 39.2 does not, as vet.
    confer jurisdiction upon the Board to make a finding as to what
    constitutes a “citizen’s group” and, accordingly1 we dismiss this
    motion.
    Section 39.2(n) of the Act states:
    In any review proceeding of a decision of the county
    board or governing body of a municipality made
    pursuant to the local siting review process,the
    petitioner in the review proceeding shall pay to the
    county or municipality the cost of preparing and
    certifying the record of proceedings. Should the
    petitioner in the review proceeding fail to make
    payment, the provisions of Section 3-109 of the Code
    of Civil Procedure, as now or hereafter amended,
    shall apply.
    124—75
    In the event the petitioner is a citizens’
    group that participated in the siting
    proceeding and is so located as to be affected
    by the proposed facility, such petitioner
    shall be exempt from paying the costs of
    preparing and certifying the record.
    In fact, a review of 39.2 in its entirety reveals that this
    portion of the Act sets out the requirements and procedures a
    county or local governing body must follow in relation to the
    siting process. We are persuaded that a determination of whether
    petitioner YMCA is a citizens group is not ripe for a determination
    before this Board. If the Board were to have jurisdiction over
    this matter, it would only be subsequent to a finding by the county
    board. Since no such decision has been rendered, we will deny this
    motion.
    As a final note, the county of St. Clair filed a motion on
    June 27, 1991 seeking to waive the mandatory triplicate filing of
    certain exhibits. The Board grants this motion and notes that the
    county is preparing to file the record notwithstanding the issue
    as to what party should pay costs.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certif th t the above Order was adopted on the
    //~t~
    day of
    _____________,
    1991 by a vote of
    ____________
    ~,
    ~/
    Dorothy M. ~nn, Clerk
    Illinois Po~utionControl Board
    124—76

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