ILLINOIS POLLUTION CONTROL BOARD
    November 21,
    1984
    CONCERNED
    NEIGHBORS
    FOR
    A
    )
    BETTER
    ENVIRONMENT,
    )
    Petitioner,
    )
    v.
    )
    PCI3
    84—173
    COUNTY
    OF
    ROCK
    ISLAND
    and
    )
    BROWNING—FERRIS
    INDUSTRIES
    OF
    )
    1O~A,
    INC.,
    Respondents.
    ORDER
    OF
    THE BOARD
    (by
    3. D. Dumelle):
    This
    action
    is
    a
    third
    party
    appeal
    filed
    pursuant
    to
    Section
    40.1
    ~
    of
    the Environmental Protection Act
    (Act)
    (Ill.
    Rev.
    Stat.
    ch..
    111½, par. 1040.1(b)).
    The Petitioners, Concerned
    Neiqhbors
    For A Better Environment,
    an Illinois Not For Profit
    Corporation
    (CNBE),
    appeal the October 16,
    1984 decision of the
    County
    of
    Rock Island
    (County)
    granting the application of
    Respondent
    Browning—Ferris Industries of
    Iowa,
    Inc.
    (BFI)
    for approval of
    a
    new
    regional pollution control facility pursuant to Ill. Rev.
    Stat.
    1983,
    ch.
    111½, par. 1039.2.
    The petition states that
    “the
    proposed facility is an expansion of an existing landfill,
    the
    expansion to receive municipal waste but no special waste.”
    This appeal was timely filed on November
    1, 1984.
    As require~i
    by Section 40.1(b) of the Act, the Board finds that this matter
    should
    proceed to hearing,
    as the petition
    a)
    is not duplicitous
    or
    frivolous,
    b)
    indicates
    that
    petitioner
    participated
    in
    the
    County’s public hearing, and
    C)
    suggests
    that
    the
    petitioners
    members
    may
    be
    so
    located
    as
    to
    be
    potentially
    affected
    by
    the
    proposed facility.
    Although the petition does not allege that
    the petitioner or its members are located
    so as to be affected by
    the
    facility, the Board will order that this matter proceed
    to
    hearing, at which time the petitioner will have an opportunity
    to
    establish this point.
    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
    County alone can verify and certify what exactly
    is
    the entire record before
    it,
    in the interest of protecting
    the
    61-215
    2
    rights of all parties to this action, and in order to satisfy the
    intention of SB 172, the Board believes that the 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
    Section 105.102(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
    Clerk of the County Board shall also prepare a document entitled
    “Certificate of Record on Appeal” which shall
    list the documents
    comprising the record.
    Seven copies of the certificate, seven
    copies of the transcript, and three copies of any other documents
    in
    the record shall be filed with the Board.
    A copy of the
    certificate
    shall be served upon the petitioner.
    As these require-
    ments have not previously been applied to the County of
    Rock
    Island,
    its
    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).
    Section 40.1(b)
    provides that the petition shall be heard
    “in accordance with the terms of” Section 40.1(a).
    Section
    40.1(a) provides that if there is no final action by the Board
    within
    90 days, petitioner may deem the site location approved.
    The Board has construed the phrase “in accordance with the
    terms
    of”
    in the context of Section 40(b) of the Act
    (concerning
    third-party appeals of the grant of hazardous waste landfill
    permits)
    as giving the respondent who had received the permit a)
    the
    right to a decision within the applicable statutory timeframe
    (now 120 days),
    and b) the right to waive
    (extend) the decision
    period (Alliance for a Safe Environment, et al.
    v. Akron
    Land
    Corp. et al.,
    PCB 80—184, October 30,
    1980).
    The Board
    therefore construes Section 40.1(b)
    in like manner, with the
    result
    that
    failure
    of
    the Board to act
    in 120 days would allow
    respondent to deem the site location approved.
    Pursuant to
    Section 105.104 of the Procedural Rules,
    it is each petitioner’s
    responsibility to pursue its action, to insist that a hearing on
    its petition is timely scheduled, and to insure that a transcript
    of the hearing
    is timely filed with the Board in order to allow
    the Board to review the record and to render its decision within
    120
    days of the filing of the petition.
    IT
    IS SO ORDERED.
    I,
    Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby cert~f~y
    that the above Order was adopted on the
    day of
    7/
    1-Iz
    IL4~~’-~’
    ,
    1984
    by
    a vote of
    ___-,
    ~
    ~
    ~
    Dorothy M. ~unn, Clerk
    Illinois
    Pollution
    Control
    Board
    61-216

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