ILLINOIS POLLUTION

CONTROL

BOARD

June

10, 1982

WASTE

MANAGEMENT

OF ILLINOIS, INC

•,

a Delaware Corporation,

Petitioner,

)

v.

)

PCB

82—55

)

BOARD

OF

SUPERVISORS

OF

TAZEWELL

COUNTY,

)

)

Respondent.

ORDER

OF

TEE

BOARD

(by

I

•

Goodman):

On

June

3,

1982 a joint motion for reconsideration of the

Board’s

May

27, 1982 Order in this matter was filed.

On that

same

day,

Petitioner

filed

a

motion

requesting

opportunity

for

oral

argument

on

the

joint

motion.

The

motion

for

oral

argument

is

denied.

The

joint

motion

for

reconsideration

is

granted.

The

joint

motion

requests

that

no

public

hearing

in

this

Section

40.1

appeal

be

held.

Petitioner

and

Respondent

argue

that

pursuant

to

that

Section

the

record

is

complete

and

limited

to

that

developed

at

the

county

public

hearing

and

that

an

additional

public

hearing

will

serve

no

purpose.

The

Board

disagrees

and

will

require

that

a

public

hearing,

presided

over

by

its

hearing

officer,

be

held.

The

mandate

of the Illinois

Environmental

Protection

Act

as

a

whole

and

since

its

inception,

has

been

to

provide

the

public

access

and

input

into

Board pro-

ceedings.

The

hearing

conducted

at

the

local

government

level

in

this

matter

was

not

a

Board

proceeding.

A

public

hearing

is

now

necessary

to

provide

the

public

access

in

this

Section

40.1

appeal.

The public hearing noticed for June 21,

1982 is continued until

July

1, 1982 or as soon thereafter as possible.

Additionally, the

parties are directed to concurrently brief their legal arguments

and submit these no later than June 24,

1982.

Also on June 3,

1982 the parties entered a joint motion

requesting

that

the

Board

limit the record on appeal to those

documents

already

filed,

and

stipulated

to by the parties.

The

parties

may

between

themselves

stipulate

the

record,

but

the

motion

to

so

limit

the

record

before

the

Board

is

denied.

The

record

will

consist

of

the

public

hearing

record,

those

documents

already

filed

by

the

parties,

and

those

submitted

at

the

public

hearing,

as

statutorily

permitted

under

Section

40

•

1.

IT

IS

SO

ORDERED.

I,

thristan

L.

Moffett,

Clerk

of

the

Illinois

Pollution

Contrpl

Board,

hereby

certify

that

the

above

Order

was

adoptpd

on

the

~b4

day

of

1982

by

a

vote

of

‘t-u

• Illinois P011w

47-275

Board