ILLINOIS POLLUTION CONTROL BOARD
    October 17, 2002
     
    LANDFILL 33, LTD.,
     
    Petitioner,
     
    v.
     
    EFFINGHAM COUNTY BOARD and
    SUTTER SANITATION SERVICES,
     
    Respondents.
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    PCB 03-43
    (Third-Party Pollution Control Facility
    Siting Appeal)
    ORDER OF THE BOARD (by C.A. Manning):
     
    On October 10, 2002, Landfill 33, Ltd. (Landfill 33) filed a petition asking the Board to
    review a September 19, 2002 decision of Effingham County Board (County Board). The
    County Board granted Sutter Sanitation Services’ (Sutter) application to site a pollution control
    facility in an unincorporated area of Effingham County. Landfill 33 appeals on the grounds that
    the County Board decision was against the manifest weight of the evidence, and the proceedings
    were fundamentally unfair.
     
    Section 40.1(b) of the Environmental Protection Act (Act) (415 ILCS 5/40.1(b) (2000)
    as
    amended by
    P.A. 92-0574, eff. June 26, 2002) allows certain third parties to appeal a local
    government decision granting approval to site a pollution control facility. Third parties who
    participated in the local government’s public hearing and
    who are so located as to be affected by
    the proposed facility
    may appeal the siting decision to the Board. 415 ILCS 5/40.1(b) (2000)
    as
    amended by
    P.A. 92-0574, eff. June 26, 2002; 35 Ill. Adm. Code 107.200(b) (emphasis added).
    The petition for review must, among other things, specify the grounds for appeal and include a
    copy of the local government’s siting decision. 35 Ill. Adm. Code 107.208. The third party must
    file the petition within 35 days after the local government approves siting. 415 ILCS 5/40.1(b)
    (2000)
    as amended by
    P.A. 92-0574, eff. June 26, 2002; 35 Ill. Adm. Code 107.204. Unless the
    Board determines that the third party’s petition is “duplicative or frivolous,” the Board will hear
    the petition. 415 ILCS 5/40.1(b) (2000)
    as amended by
    P.A. 92-0574, eff. June 26, 2002; 35 Ill.
    Adm. Code 107.200(b).
     
    Landfill 33’s petition states that it participated in the County Board’s public hearing,
    specifies the grounds for the appeal, and includes a copy of the County Board’s siting decision.
    However, the petition does not meet the content requirements of 35 Ill. Adm. Code 107.208
    because it fails to state that Landfill 33 is so located as to be affected by the proposed facility.
     
    The Board cannot accept Landfill 33’s petition for hearing unless and until Landfill 33
    has demonstrated that it has satisfied all of the Section 40.1(b) standing requirements for the
    initiation of this appeal. Landfill 33 has seven days to file an amended petition, which must be
    postmarked no later than October 24, 2002 (the 35th day after the September 19, 2002 County
     
    2
    decision). Due to the tightness of this time frame, the Board directs the assigned hearing officer
    to notify the parties of the contents of this order today by telephone or telefax. The statutory
    decision date will be calculated from the date on which the corrected petition is filed.
     
     
    Finally, the Board’s statutory decision date under Section 40.1(a) will be calculated from
    the date on which any amended petition is filed. In the event no amended petition is filed, the
    Board will dismiss this petition and close the docket at one of its regularly scheduled November
    meetings.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on October 17, 2002, by a vote of 6-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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