ILLfl~OISPOLLUTION CONTROL BOARD

August 18,

1982

BROWNING—FERRIS

INDUSTRIES

)

OF

ILLINOIS, INC.,

Petitioner,

V.

)

PCB

82—101.

LAKE

COUNTY

BOARD

OF

SUPERVISORS,

)

)

Respondent.

ORDER

OF

THE

BOARD

(by

J.

Anderson):

Pursuant to SB 172, P.A.

82—682,

Browning—Ferris Industries

of Illinois,

Inc.

is appealing conditions contained

in the grant

by the Lake County Board of Supervisors of site location approval

for acceptance of special wastes at an existing landfill located

in unincorporated Lake County.

This appeal has been timely filed,

in that Lake County gave its approval by a final written decision

on July 13,

1982, and this appeal was filed with the Board

August 16,

1982.

SB 172,

as codified in Section 40.1(a)

of the Act, provides

that the hearing before the Board is to “be based exclusively on

the record before the county board”.

The statute does not specify

who is to file with the Board the record before the county,

or who

is to certify to the completeness or correctness of the record.

As the Lake County Board alone can verify

arid 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, the Board believes that Lake

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 certi-

ficate shall be served upon the petitioner.

As these requirements

are not stated in the Board’s Procedural

Rules, 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).

47-547

---

2

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 deadline

only by petitioner, 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

Contro~Board, hereby cer ify that the above Order was adopted on

the

j~

~‘

day

of

__________________,

1982

by

a

vote

of

~-O.

~M~L

Christan

L. Moffet~,Y~lerk

Illinois Pollution Control Board

47-548