ILLINOIS POLLUTION CONTROL BOARD
    May 20, 2004
     
    WASTE MANAGEMENT OF ILLINOIS,
    INC.,
     
    Petitioner,
     
    v.
     
    COUNTY BOARD OF KANKAKEE
    COUNTY,
     
    Respondent.
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    PCB 04-186
    (Pollution Control Facility
    Siting Appeal)
     
     
    On April 22, 2004, Waste Management of Illinois, Inc. (Waste Management) timely filed
    a petition asking the Board to review a March 25, 2004 decision of County Board of Kankakee
    County (County).
    See
    415 ILCS 5/40.1(a) (2002); 35 Ill. Adm. Code 107.204. The County
    denied Waste Management’s application to site a pollution control facility located in Kankakee
    County.
     
    Section 40.1(a) of the Environmental Protection Act (415 ILCS 5/40.1(a) (2002))
    authorizes Waste Management’s appeal to the Board. Waste Management appeals on the
    grounds that the County’s decision to deny was against the manifest weight of the evidence.
    Waste Management’s petition meets the content requirements of 35 Ill. Adm. Code 107.208.
    The Board accepts the petition for hearing.
     
    Waste Management has the burden of proof. 415 ILCS 5/40.1(a) (2002);
    see also
    35 Ill.
    Adm. Code 105.506. Hearings will be based exclusively on the record before the County. 415
    ILCS 5/40.1(a) (2002). Hearings will be scheduled and completed in a timely manner, consistent
    with the decision deadline (
    see
    415 ILCS 5/40.1(a) (2002)), which only Waste Management may
    extend by waiver (35 Ill. Adm. Code 107.504;
    see
     
    also
    35 Ill. Adm. Code 101.308). If the Board
    fails to take final action by the decision deadline, Waste Management “may deem the site
    location approved.” 415 ILCS 5/40.1(a) (2002). Currently, the decision deadline is August 20,
    2004 (the 120th day after April 22, 2004).
    See
    35 Ill. Adm. Code 107.504. The Board meeting
    immediately before the decision deadline is scheduled for August 19, 2004.
     
    The County must file the entire record of its proceedings within 21 days after the date of
    this order. The record must comply with the content and certification requirements of 35 Ill.
    Adm. Code 107.304, 107.308. Waste Management must pay to the County the cost of preparing
    and certifying the record. 415 ILCS 5/39.2(n) (2002); 35 Ill. Adm. Code 107.306;
    see also
    35
    Ill. Adm. Code 107.502(b).
     
    IT IS SO ORDERED.
     
    2
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on May 20, 2004, by a vote of 5-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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