ILLINOIS POLLUTION CONTROL BOARD
    March 16,
    1995
    CONCERNED CITIZENS OF
    )
    WILLIAMSON COUNTY, AND REV.
    )
    PAUL CRAIN
    AND
    ROSE ROWELL,
    AS
    )
    MEMBERS OF CONCERNED CITIZENS
    )
    OF WILLIAMSON COUNTY,
    AND
    INDIVIDUALLY,
    Petitioner,
    V.
    PCB 94—262
    (Landfill Siting Review)
    BILL KIBLER DEVELOPMENT CORP.,
    )
    a/k/a KIBLER DEVELOPMENT CORP.,
    )
    AND
    THE
    WILLIAMSON
    COUNTY
    BOARD
    )
    OF
    COMMISSIONERS
    FOR
    AND
    ON
    )
    BEHALF
    OF
    THE
    COUNTY
    OF
    )
    WILLIAMSON
    IN
    THE
    STATE OF
    )
    ILLINOIS,
    )
    )
    Respondents.
    ORDER OF THE BOARD
    (by G.
    P. Girard):
    On February 21,
    1995,
    Kibler Development Corporation filed
    a
    request to reconsider or in the alternative to clarify the
    Board’s January 19,
    1995 opinion and order
    in this matter.
    On
    February 22,
    1995, petitioners filed
    a motion asking the Board to
    reconsider certain matters.
    The Board’s rules at Section
    101.246(d)
    state that the Board will consider factors including,
    but not limited to “error in the decision and facts
    in the record
    which are overlooked”.
    (35 Ill. Adm.
    Code 246.)
    The Board has
    reviewed the motions to reconsider and finds that neither party
    has pointed to any error in the Board’s original decision nor
    presented new facts or arguments.
    Therefore, both motions for
    reconsideration are denied.
    In its motion to clarify, Kibler Development states:
    There
    is confusion in the air as to what precisely
    is to happen next at the County Board level
    if the
    Board’s Order of January 19th stands without
    further explanation.
    The Board believes that the January 19,
    1995 opinion and order is
    correct and that remand is appropriate.
    (~
    Land and Lakes
    v.
    RoTneoville, PCB 91—7,
    CBE
    V.
    McCook,
    PCB 92-201, and Zeman et al
    and guilty
    v.
    Summit, PCB 92—174 and PCB 92-177
    (consi.),
    Illinois Landfills.
    Inc.
    v. Pollution Control Board,
    4-94—0041,
    (December 19,
    1994)
    (slip.op.).)
    However, the parties express
    confusion as to how the statements of Mr. Kibler are to be
    included at the new public hearing.
    Therefore, the Board will
    2
    grant the motion to clarify.
    The Board is aware that no official record exists regarding
    the statements made by Mr. Kibler and that a verbatim inclusion
    at the new public hearing will be impossible.
    However, the
    public hearing shall include a presentation,
    as nearly as
    practicable, of the statements made by Mr.
    Bill Kibler at the
    June 17,
    1994 special meeting, as well as opportunity for
    questions concerning or rebuttal to,
    Mr. Kibler’s statement.
    Mr.
    Bill Kibler shall attend the public meeting and be available to
    address potential questions concerning his statements of June 17,
    1994.
    The Board will specify in more detail below what is to
    occur upon remand to the Williamson County Board.
    The following
    order shall replace the Board’s January
    19,
    1995 order
    in this
    proceeding:
    ORDER
    The August 23,
    1994, decision of the Williamson County Board
    of Commissioners granting siting approval to Kibler Development
    Corporation,
    is hereby reversed and remanded as a result of a
    fundamentally unfair proceeding.
    Upon remand of this proceeding:
    1.
    Williamson County shall provide notice of public
    hearing, and hold it in accordance with the provisions
    of Section 39.2 of the Act, including a presentation,
    as nearly as practicable, of the statements made by Mr.
    Bill Kibler at the June 17,
    1994 special meeting,
    as
    well as opportunity for questions concerning or
    rebuttal to, Mr. Kibler’s statement.
    Mr. Bill Kibler
    shall attend the public meeting and be available to
    address potential questions concerning his statements
    of June 17,
    1994.
    2.
    Williamson County shall provide for a post-hearing
    comment period as provided in Section 39.2 of the Act.
    3.
    Williamson County’s siting decision must be based on
    the entire record before it including the public
    hearing held pursuant to this order,
    in accordance with
    Section 39.2 of the Act.
    4.
    Williamson County’s siting decision shall be consistent
    with this order and the Board’s January
    19,
    1995
    opinion in this proceeding.
    5.
    The 120 day statutory decision time begins 35 days
    after the date of this order.
    This docket is closed.
    3
    IT IS SO ORDERED.
    Board Nemeber Ronald C.
    Flemal dissents.
    I,
    Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certif~ythat the above order was adopted on the
    ~
    day of
    7,h
    ~t~L-c?~
    ,
    1995,
    by a vote of
    7—”
    Dorothy M.(~unn,Clerk
    Illinois ~.6llutionControl Board

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