ILLINOIS POLLUTION CONTROL BOARD
    April 21,
    1994
    DAUBS LANDFILL,
    Inc., d/b/a
    )
    WAYNE COUNTY REGIONAL
    )
    LANDFILL,
    a subsidiary of
    )
    MID-AMERICAN WASTE SYSTEMS,
    )
    Inc.,
    )
    Petitioner,
    )
    v.
    )
    PCB 94—131
    COUNTY BOARD OF WAYNE
    )
    (Landfill Siting Review)
    COUNTY,
    ILLINOIS
    )
    )
    Respondent.
    ORDER
    OF
    THE
    BOARD:
    This matter is before the Board on an appeal filed pursuant
    to paragraph
    (a) of Section 40.1 of the Environmental Protection
    Act 415
    ILCS 5/40.1
    on April 20,
    1994 by Daubs Landfill,
    Inc.,
    d/b/a Wayne County Regional Landfill, a subsidiary of Mid-
    American Waste Systems,
    Inc.,
    from the decision of the County
    Board of Wayne County denying local siting approval for the new
    regional pollution control facility, located in Wayne County.
    The cited section of the Act generally requires the Board to
    decide the instant petition within 120 days of filing (unless the
    petitioner files a waiver of the statutory decision deadline
    pursuant to 35 Ill. Adm. Code 101.105).
    This matter is accepted
    for hearing.
    Daubs Landfill asserts that the County made its decision on
    March 15,
    1994,
    but has not provided a copy of the County
    Resolution.
    Until the Resolution is filed, the Board cannot
    determine whether the petition was timely filed within the 35 day
    period established by Section 40.1.
    The petition is deficient for failure to provide a copy of
    the County Board’s decision.
    If an amended petition curing this
    deficiency is not filed within 14 days of the date of this order,
    this matter will be subject to dismissal.
    The filing of an
    amended petition will restart the Board’s decision timeclock,
    although the Board will look to the petitions’ original filing
    dates
    in making any determination as to the timeliness of the
    filing of the appeal pursuant to Section 40.1.
    Record Before the County Board
    P.A.
    82—682, also known as SB-172,
    as codified in Section

    2
    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 or
    governing body of the municipality”.
    The statute does not
    specify who is to file with the Board such record or who is to
    certify to the completeness or correctness of the record.
    As the County of Wayne alone can verify and 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 the
    County of Wayne 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 Rules 321 through 324 of the Illinois Supreme
    Court Rules.
    The record shall contain legible versions of all
    documents, transcripts,
    and exhibits deemed to pertain to this
    proceeding from initial filing through and including final action
    by the local government body.
    The record shall contain the
    originals of all documents, shall be arranged as much as possible
    in chronological sequence, and shall be sequentially numbered,
    placing the letter “C” before the number of such page.
    In
    addition to the actual documents which comprise the record, the
    Wayne County Clerk shall also prepare a document entitled
    “Certificate of Record on Appeal” which shall be an index of the
    record that lists the documents comprising the record and shows
    the page number upon which they start and end.
    Seven copies of
    the certificate, seven copies of the transcript of the Wayne
    County hearing and three copies of any other documents in the
    record shall be filed with the Board, and a copy of the
    certificate shall be served upon the petitioner(s).
    The Clerk of
    the County of Wayne is given 21 days from the date of this Order
    to “prepare, bind and certify the record on appeal”
    (Ill. Supreme
    Court, Rule 324).
    If the record is not legible,
    is not
    sequentially numbered, or fails to include an appropriate index
    of record, the Clerk of the Pollution Control Board may refuse to
    accept the document for filing.
    Waiver of Decision Deadline
    Section 40.1(a) provides that if there is no final action by
    the Board within 120 days, petitioner may deem the site location
    approved.
    The Board has construed identical “in accordance with the
    terms of” language contained in Section 40(b)
    of the Act
    concerning third—party
    appeals of the grant of hazardous waste
    landfill permits as giving the person who had requested the
    permit
    a) the right to a decision within the applicable statutory
    time frame
    (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 this Board to act in 120 days would allow

    3
    the site location applicant to deem the site location approved.
    Pursuant to Section 105.104 of the Procedural Rules,
    it
    is each
    party’s responsibility to pursue its action, and to insist that a
    hearing on the petition is timely scheduled in order to allow the
    Board to review the record and to render its decision within 120
    days of the filing of the petition.
    Transcription Costs
    The issue of who has the burden of providing transcription
    in Board site location suitability appeals has been addressed in
    Town of Ottawa, et al.
    v. IPCB, et al.,
    129 Ill. App.
    3rd,
    472
    N.E.2d 150
    (Third District,
    1984).
    In that case, the Court
    ordered the Board to assume transcription costs
    (472 N.E.2d at
    155).
    The Supreme Court denied leave to appeal on March 14,
    1985.
    In cognizance of this ruling, the Board will provide for
    stenographic transcription of the Board hearing in this matter.
    Scheduling and Conduct of Hearing
    The hearing must be scheduled and completed in a timely
    manner,
    consistent with Board practices and
    the applicable
    statutory decision deadline, or the decision deadline as extended
    by a waiver
    (the siting applicant may file a waiver of the
    statutory decision deadline pursuant to 35 Ill. Adm. Code
    101.105).
    The Chief Hearing Officer shall assign a hearing
    officer to conduct hearings.
    The Clerk of the Board shall
    promptly issue appropriate directions to the assigned hearing
    officer consistent with this order.
    The assigned hearing officer shall inform the Clerk of the
    Board of the time and location of the hearing at least 40 days in
    advance of hearing so that public notice of hearing may be
    published.
    After hearing, the hearing officer shall submit an
    exhibit list,
    a statement regarding credibility of witnesses and
    all actual exhibits to the Board within five days of the hearing.
    Any briefing schedule shall provide for final filings as
    expeditiously as possible and,
    in time—limited cases,
    no later
    than 30 days prior to the decision due date, which is the final
    regularly scheduled Board meeting date on or before the statutory
    or deferred decision deadline
    .
    In this case, the statutory
    decision deadline is August 18,
    1994; therefore the decision due
    date is August 11,
    1994.
    If after appropriate consultation with the parties, the
    parties fail to provide an acceptable hearing date or if after an
    attempt the hearing officer
    is unable to consult with the
    parties, the hearing officer shall unilaterally set a hearing
    date in conformance with the schedule above.
    The hearing
    officer and the parties are encouraged to expedite this
    proceeding as much as possible.

    4
    This order will not appear in the Board’s opinion volumes.
    IT IS SO ORDERED.
    I, Dorothy N. Gunn,
    Clerk of the Illinois Pollution Control
    Board, h~ebr certify that the above order was adopted on thec/~
    day of
    ~A~J
    ,
    1994, by a vote of
    _________
    ~
    ~U.
    Dorothy N. ~unn,
    Clerk
    Illinois P~LlutionControl Board

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