ILLINOIS POLLUTION CONTROL BOARD
    December 20,
    1995
    C 0.A.L.
    CITIZENS OPPOSED
    )
    TO ADDITIONAL LANDFILLS),
    )
    Petitioners,
    PCB 92—131
    v.
    )
    (Third-Party Appeal)
    )
    (Landfill Siting Review)
    LAIDLAW WASTE SYSTEMS INC.,
    PERRY
    COUNTY
    BOARD
    OF
    )
    CONMISSIONERS,
    Respondent.
    ORDER OF THE BOARD
    (by G.
    T. Girard):
    On November 13,
    1995, the Board received a mandate from the
    Illinois Appellate Court Fifth District (C.O.A.L.
    (Citizens
    opposed to Additional Landfills)
    V.
    IPCB, Laidlaw Waste Systems.
    Inc., and Perry County Board of Commissioners,
    5—93-0282, April
    3,
    1995), reversing and remanding the Board’s January 21,
    1993
    order
    in
    this
    case.
    On November 27,
    1995, the Citizens Opposed
    to Additional Landfills (C.O.A.L.)
    filed a motion for entry of
    ~udgement. On December
    1,
    1995, Laidlaw Waste Systems
    (Laidlaw)
    tiled a motion to file response instanter which the Board hereby
    grants,
    a response to C.O.A.L.’s motion and a motion to
    voluntarily withdraw application for local siting approval.
    On
    December 11, 1995,
    C.O.A.L.
    filed a response.
    On December 18,
    1995, the Board received
    front
    Laidlaw a Rebuttal Brief.
    The Board’s January 21, 1993 order affirmed the Perry County
    Board of Commissioners’
    (Perry
    County)
    decision granting site
    approval to Laidlaw for a pollution control facility.
    The Board
    found that Laidlaw had properly noticed the property owners on
    the
    authentic
    tax
    records
    of
    Perry
    County
    pursuant
    to
    Section
    39.2(b).
    The Board made this finding while striking evidence
    offered by C.O.A.L. rebutting the assertion as to what were the
    authentic tax records.
    The
    Court stated,
    in
    pertinent part:
    we are compelled to reverse and remand this
    decision of the Pollution Control Board with
    directions to allow petitioner
    C.O.A.L.)
    to
    present the evidence stricken by the Pollution
    Control Board and to hear testimony concerning
    what,
    in fact, are the “authentic tax records” of
    Perry County.
    This may,
    in all likelihood,
    entail
    a remand to the County Board so that such evidence
    can be presented.
    ~C.O.A.L.
    (Citizens
    Opposed
    to
    Additional
    Landfills)
    v.
    IPCB,
    Laidlaw Waste Systems.
    Inc., and Perry County Board of
    Commissioners,
    5—93—0282,
    April
    3,
    1995
    at
    12.)
    2
    The Court also remanded for the Board’s consideration the
    issue of whether Perry County lacked jurisdiction over Laidlaw’s
    siting application due to the receipt of notice less than
    14 days
    before the filing of Laidlaw’s application.
    (C.O.A.L.
    (Citizens
    O~osedto Additional Landfills v.
    IPCB,
    Laid.aw
    Waste Systems.
    Inc., and Perry County Board of Commissioners, 5-93-0282, April
    3, 1995 at 14.)
    In its motion, C.O.A.L. argues that the Board should enter
    judgement finding Perry County lacks jurisdiction based on the
    failure of Laidlaw to serve notice less than 14 days prior to the
    filing of the application.
    C.O.A.L. cites to
    Ogle County v.
    PCB,
    272 Ill.
    App. 3d 184, 649 N.E.
    2d 545
    (2d Dist.
    1995),
    as
    authority for its position.
    Laidlaw,
    in response, argues that
    the jurisdictional issues are it~oot as it wishes. to ~.iithdra~si
    the
    siting application.
    In response to the motion to withdraw the
    siting application,
    C.O.A.L. argues that the Board may not be the
    appropriate authority to grant the relief sought by Laidlaw.
    We find that the Board is not the appropriate authority to
    rule on the motion to withdraw the siting application filed by
    Laidlaw.
    Therefore, we remand this proceeding to Perry County to
    allow Laidlaw to withdraw the siting application from Perry
    County.
    If Laidlaw withdraws the siting application the
    remaining
    issues
    in
    this
    matter
    need
    not
    be
    addressed
    because
    they
    will
    be
    mooted
    by
    the
    withdrawal.
    The
    parties
    shall
    notify
    the
    Board,
    no
    later
    than
    March
    15,
    1996,
    of
    the
    status
    of
    the
    siting application.
    IT IS SO ORDERED.
    I, Dorothy N. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above order was adopted on the
    ~=~frz~-
    day of
    __________________,
    1995,
    by
    a vote of
    7C•
    ~
    ~.
    Dorothy M7/Gunn,
    Clerk
    Illinois (~llutionControl Board

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