ILLINOIS POLLUTION CONTROL BOARD

March 22,

1985

CONCERNED NEIGHBORS FOR A BETTER

)

ENVIRONMENT,

Petitioner,

AND NICK POKRAJAC,

INC.

Intervenor.

PCB 84—173

COUNTY OF ROCK ISLAND and BROWNING-

FERRIS INDUSTRIES

OF

IOWA

INC.,

)

Respondents.

ORDER OF THE BOARD

(by

3,

Marlin):

This matter comes before the Board upon

a February 27,

1985

joint stipulation between petitioner,

respondents,

and

intervenor.

While

a petition for intervention was filed with

the Board on February

21,

1985,

intervention had already been

granted by the hearing officer at the February

19,

1985 Pollution

Control Board

(Board) hearing.

An amended stipulation was filed

on March

13,

1985.

Browning—Ferris Industries has waived the

Board decision period.

Before the Board addresses the stipulation,

it would point

out that landfill siting proceedings

are quasi—judicial

in

nature, replete with the attendant

rules

of evidence.

Furthermore, an adjoining landowner

is entitled

to written notice

of the applicant’s request but only general

(published) notice of

the county hearing, pursuant to Section 39.2 of the Environmental

Protection Act

(Act),

Ill. Rev. Stat.

1983,

ch 111 1/2, par.

1039.2

The Board usually has three options:

dismissal,

reversal

with remandment,

and reversal.

In this case,

dismissal

is not

proper because

it would have the effect of affirming the county

board decision.

Reversal and remandment

to the county board

would be incorrect because

it would not cure the

lack of written

notice to the intervenor.

The parties by their amended

stipulation correctly choose the third option:

that the Board

reverse

the county board’s decision with no remandment.

This

option would be executed by

a final Order which would

dispose

of

the Board’s jurisdiction.

83-231

---

2

Based on the stipulation of all parties

to the controversy,

the Board hereby reverses the county board decision which granted

site location suitability approval.

This terminates

the Board’s

jurisdiction

in this matter.

The applicant may initiate new proceedings pursuant

to

Section

39.2 of

the Act.

IT

IS SO ORDERED.

I, Dorothy M.

Gurin, Clerk

of the Illinois Pollution Control

Board,

hereby certify that the above Order was adopted

on

the

______________

day of

___________________,

1985 by

a vote

of

~.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board