ILLINOIS

POLLUTION

CONTROL

BOARD

May

29,

1984

INDUSTRIAL SALVAGE, INC.,

Petitioner,

v.

)

PCB

83—173

COUNTY BOARD OF MARION COUNTY,

)

)

Respondents.

ORDER OF THE BOARD

(by B. Forcade):

This

appeal was filed May 16,

1984, pursuant to SB

172,

P.A.

82-682, Section 40.1(a)

of the Environmental Protection Act.

Industrial Salvage,

Inc.,

(“Industrial”)

is appealing a May

8,

1984

decision of the Marion County Board of Supervisors

(“Marion”)

denying site location suitability for a new regional pollution

control facility.

The May

8,

1984 decision was a result of this

Board’s reversal and remand of Marion’s prior decision

in this

matter

(See PCB 83—173, February 22,

1984).

As the Marion County Board 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 must

he 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 Rule

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.

Four copies of the certificate and the record shall be

filed with the Board, and a copy of the certificate shall he

served upon the Petitioner.

Marion is given 14 days from the

date of this Order

to file the record and certificate of record.

Section 40,1(b) provides that the petition shall be heard

~in accordance with the terms of” Section 40~1(a). Section 40,1

(a)

provides

that

if

there

is

no

final

action

by

the

Board

within

90

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 respondent who had received the permit a)

the right to a decision within 90 days,

and b) the right to waive

~extend) the decision period

(Alliance for a Safe Environment, etaL

v~. Akron Land Corp~et al.,

PCB 80—184, October 30,

1980).

The

58-231

---

2

Board therefore construes Section 40.1(b)

in like manner, with

the result that failure of the Board to act in 90 days would

allow respondent to deem the site location approved.

Pursuant to

Section 105.104 of the Procedural Rules,

it

is each petitioner’s

responsibility to pursue

its action,

to insist that a hearing on

its petition is timely scheduled,

and to insure that a transcript

of the hearing is timely filed with the Board in order to allow

the Board to review the record and to render its decision within

90 days of the filing of this petition, on May 16,

1984.

The

parties are encouraged to act promptly on this matter as the

Board anticipates that all filings and transcripts will be received

by the Board not later than

30 days before decision

is

due.

Industrial Salvage,

in its petition of May

16, 1984,

states

that a true copy of the Marion County Board of Supervisor’s written

decision

is attached.

No true copy of this decision was attached

to the petition.

~ copy

of this decision should therefore be filed

with the Board as quickly as possible.

IT

IS SO ORDERED.

I, Christan L,

Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify that the above Order was adopted on

the ~

day of

______,

1984 by a vote of____________

Christan L. Mof

Illinois Pol

Board

58-232