ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    February
    2,
    1989
    A.R.F.
    LANDFILL
    CORPORATION,
    )
    )
    Petitioner,
    )
    )
    v.
    )
    PCB 89—15
    COUNTY
    OF
    LAKE,
    )
    )
    Respondent.
    )
    ORDER OF TUE BOARD (by B.
    Forcade):
    This action
    is an appeal filed January 26, 1989, pursuant to
    Section 40.1 of the Environmental Protection Act (‘Act’)
    (Ill.Rev.Stat.
    Ch. 111—1/2, par. 1040.1.
    A.R.F. Landfill
    Corporation (‘Petitioner) appeals the decision of the County of
    Lake (‘County’) denying site location suitability approval.
    Record Before the County Board
    P.A. 82—692, also known as 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 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 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 58—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
    County Clerk 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 of the 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 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(a) provides that if there is no final action by
    the Board within 120 days, petitioner may deem the site location
    approved.
    96—35
    —2—
    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
    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.
    This matter
    is accepted for hearing.
    Hearing must be
    scheduled within
    14 days of the date of this Order
    and completed
    within 60 days of the date
    of this Order.
    The hearing
    officer
    shall
    inform
    the Clerk of the Board
    of
    the
    time and location of
    the hearing
    at least
    40 days
    in advance of he.3ring
    so that public
    notice of hearing may be published.
    ~.fterhearinq,
    the hearina
    officer
    shall submit
    an exhibit list,
    wri’cteri schedule
    for
    submission of briefs
    if any and
    all actual
    exhibits
    to the Board
    within
    5 days of the hearing.
    Any briefing schedule shall
    provide
    for
    final filings as expeditiously as
    possible and
    in no
    event later
    than 70 days
    from the date
    of this Order.
    tf 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.
    This schedule will
    only provide the Board
    a very short time period
    to deliberate
    and
    reach
    a decision before
    the due date.
    The hearing officer
    and
    the parties are encouraged
    to expedite this proceeding
    as much as
    possible.
    The hearing officer may extend
    this schedule only on
    a
    waiver of
    the decision deadline by the site location suitability
    96—36
    .1
    applicant and only for the equivalent or fewer number of days
    that the decision deadline
    is waived.
    Such waivers must be
    provided
    in writing
    to the
    Clerk of the Board.
    Any waiver must
    be
    an “open waiver”
    or
    a waiver of decision
    until
    a date
    certain.
    Because of requirements regarding the publication of notice
    of hearing, no scheduled hearing may be canceled unless
    the site
    location suitability applicant provides an open waiver
    or
    a
    waiver
    to
    a date at least
    75 days beyond the date of the motion
    to cancel hearing.
    This should allow ample time for the Board
    to
    republish notice of hearing and receive
    transcripts from the
    hearing before
    the due date.
    Any
    order
    by the hearing
    officer
    granting cancellation of hearing shall
    include
    a new hearing date
    at least
    40 days
    in the future and
    at least 30 days prior
    to the
    new due date and the Clerk of the Board
    shall
    be promptly
    informed of the new schedule.
    Because this proceeding
    is the type for which
    the Illinois
    Environmental Protection Act sets
    a very short statutory deadline
    for decisionrnaking, absent
    a waiver,
    the Board will grant
    extensions or modifications only in unusual circumstances.
    Any
    such motion must set forth an alternative schedule for notice,
    hearing,
    and final submissions, as
    well as the deadline
    for
    decision, including response time to such
    a motion.
    However,
    no
    such motion shall negate the obligation of the hearing officer
    to
    set a date pursuant to this Order.
    IT IS SO ORDERED
    I,
    Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify thaj
    the above Order was adopted on
    the
    ~‘
    day of ______________________,
    1989,
    by a vote
    of
    7—o
    .
    (
    ~
    ~
    Dorothy
    M. f~unn, Clerk
    Illinois Po~1lutionControl
    Board
    96—37

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