ILLINOIS POLLUTION CONTROL BOARD
    March 23,
    1989
    A.R.F.
    LANDFILL CORPORATION,
    )
    Petitioner,
    v.
    )
    PCB 89—15
    COUNTY OF LAKE,
    )
    Respondent.
    ORDER OF THE BOARD (by J.D.
    Durnelle):
    This matter comes before
    the Board upon
    a March
    7,
    1989
    motion for leave
    to appear
    as amicus curiae filed by the Prairie
    Holdings Company Corporation and fifteen
    individuals residing
    in
    Lake County (“Residents”).
    A.R.F.
    Landfill Corporation
    (“A.R.F.”)
    filed
    a response
    to the motion on March 15,
    1989.
    For
    the reasons
    set forth herein,
    the Board grants Prairie Holdings’
    motion
    to file an amicus brief.
    Prairie Holdings Corporation
    (“Prairie1t)
    is an Illinois
    corporation formed by some of the individual
    Residents.
    Prairie
    owns approximately 670 acres of real estate
    (commonly known as
    the “Heartland Triangle”)
    located less than one—third of a mile
    from
    the proposed regional pollution control
    facility.
    As
    individual owners and through Prairie,
    the Residents have been
    working with the Lake County Board
    to preserve the rural
    character
    and open space of
    Lake
    County.
    Prairie purchased
    the
    Heartland Triangle
    to make
    sure the property
    is developed
    in
    a
    manner compatible
    with the rural character
    of the surrounding
    area.
    The Residents participated
    in
    the hearing
    on the
    application before the Lake County Board.
    They state
    that,
    as
    nearby landowners,
    they can provide
    a perspective
    on the proposed
    facility not necessarily addressed by the parties which would aid
    the Board
    in rendering its decision.
    Thus,
    Prairie Holdings
    requests leave
    to appear as an amicus curiae and
    to
    file
    a brief
    amicus curiae
    in this case.
    A.R.F.
    opposes Prairie Holdings’
    motion.
    A.R.F.
    cites
    McHenry County Landfill,
    Inc.
    v.
    Pollution Control Board,
    154
    Ill.
    App.
    3d
    89,
    506 N.E.2d 372
    (2d Dist. 1982),
    and Waste
    Management
    of Illinois
    v.
    County of Lake, PCB 87—75
    (July 16, and
    December
    7,
    1987)
    for
    the proposition that
    a third party is not
    permitted
    to appear
    as an
    amicus curiae
    in
    a local
    siting
    appeal.
    A.R.F.
    argues further
    that Prairie Holdings has no
    special
    interest and
    is being adequately represented by Lake
    County.
    Finally, A.R.F.
    argues that Prairie
    Holdings has had its
    opportunity to present its arguments and,
    therefore, should not
    be given
    a “second bite at the apple.”
    97—203
    —2—
    Consistent with the decision
    in Waste Management,
    cited
    above, wherein
    the Board
    stated:
    It
    is
    the general
    practice of the courts that
    the granting
    or denial
    of a motion
    for
    leave
    to
    file a brief
    as amicus
    curiae
    lies wholly
    within
    the
    discretion
    of
    the
    court.
    Generally,
    the
    motion
    will
    be
    granted
    where
    the
    movant
    establishes
    the
    necessity
    or
    advisability
    of
    aiding
    the
    court
    in
    consideration
    of
    the
    case
    in
    which
    it
    is
    presented.
    The Board
    sees
    no reason
    to differ
    in this approach.
    Waste Management,
    p.
    2,
    the Board will grant Prairie
    Holdings’
    motion.
    Prairie Holdings
    may
    file
    an amicus brief at
    a time determined by the hearing
    officer.
    However, the Board notes that acceptance of the amicus
    brief
    in no way bestows any of
    the rights and privileges
    of party
    status upon Prairie Holdings.
    See Waste Management
    v.
    Pollution
    Control
    Board,
    PCB 87—75,
    Board Orders July
    16,
    October
    15, and
    December
    17,
    1987.
    IT
    IS SO ORDERED
    I,
    Dorothy
    M.
    Gunn, Clerk of the Illinois Pollution Control
    Board, here~ycertify that the above Order was adopted
    on
    the c~’?á’~dayof
    _____________________,
    1989,
    by
    a vote
    of
    7—C
    .
    Illmo
    Control
    Board
    97—204

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