ILLINOIS POLLUTION CONTROL BOARD
    December 16,
    1982
    WASTE MANAGEMENT OF ILLINOIS,
    Petitioner,
    V.
    )
    PCB 82—141
    COUNTY BOARD OF WILL COUNTY,
    Respondent.
    ORDER OF THE BOARD
    (by J.
    Anderson):
    On December
    13,
    1982, Waste Management of
    Illinois filed
    an appeal
    of the December
    2,
    1982 decision of the County Board
    of Will County to deny regional pollution control facility site
    location approval pursuant to SB
    172,
    §39.2 of the Act.
    The
    facility was proposed
    to be constructed
    in Section
    31, Joliet
    Township, to receive general, special and hazardous wastes (which
    would be an extension of and contiguous
    to the adjoining ESL
    Landfill).
    As the Will County Board alone can verify and certify
    what exactly
    is the entire record before
    it,
    in the interest of
    protecting the rights of all parties
    to this action, and
    in order
    to satisfy the intention of SB
    172, Will County must be the party
    to prepare and file the record on appeal.
    The Board suggests that
    guidance in so doing can be had by reference to Rule 502(a)(4)
    of
    the Board’s Procedural
    Rules and to Rules
    321 through 324 of the
    Illinois Supreme Court Rules.
    In addition to the actual documents
    which comprise the record, the County Board Clerk shall also
    prepare a document entitled “Certificate of Record On Appeal”
    which
    shall
    list the documents comprising the record.
    Two copies
    of the certificate and the record shall be filed with the Board,
    and a copy of the certificate
    shall
    be
    served upon the petitioner.
    As these requirements have not previously been stated,
    the County
    Board Clerk is given 21 days from the date of this Order
    to
    “prepare, bind and certify the record on appeal”
    (Ill.
    Supreme
    Court,
    Rule 324).
    The Board reminds the parties that SB 172 provides that “if
    there
    is no final action by the Board within 90 days, petitioner
    may deem the site location approved”.
    As the Board construes
    this provision as allowing for waiver
    (or extension) of this
    50-145
    2
    deadline only
    by
    £~tipner,
    delay
    in the filing
    of the “record
    on appeal” could prejudice respondent.
    Hearing may be scheduled
    and noticed pending the filing of the record, but it shall
    in no
    event be held until
    10 days after the record has been filed with
    the Board.
    IT IS SO ORDERED,
    I,
    Christan L, Moffett,
    Clerk of the Illinois Pollution
    Control Board, hereb~’certify that the above Order was adopted
    on the
    /~
    t~
    day of ~
    ,
    1982 by
    a vote of
    r~
    ~
    Christan
    L,
    Moffett,/ ~lerk
    Illinois Pollution Coiitrol Board
    50-146

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