ILLINOIS POLLUTION CONTROL BOARD
    October 30, 1980
    ALLIANCE FOR A SAFE ENVIRONMENT,
    a
    )
    citizens’
    association,
    the CITY OF
    CHILLICOTHE,
    a municipal corporation,
    and JAMES CURRIER, ALVA PULLEN,
    RICHARD DIEFFENBACH, MICHAEL ALDRICH,
    )
    GEORGE VON BRAUNSCHWEIG, BETTY MENOLD
    )
    and TOM DAVIS,
    )
    Petitioners,
    v.
    )
    PCB 80—184
    AKRON LAND CORPORATION and the
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondents.
    ORDER OF THE BOARD
    (by D.
    Satchell):
    On October
    6, 1980 Alliance for a Safe Environment,
    the City
    of Chillicothe and seven individuals filed a petition to contest
    the issuance by the Environmental Protection Agency
    (Agency)
    of a
    development permit to Akron Land Corporation
    (Akron)
    for a haz-
    ardous waste disposal site.
    The petition was filed pursuant to
    Section 40(b)
    of the Environmental Protection Act
    (Act)
    (H.B.
    453,
    effective January
    1,
    1980).
    There is a prooosal before the Board
    to amend Procedural Rule 503(a) pursuant to Section 40(b)
    (R80—7,
    Notice of Proposed Rulemaking, Illinois Register, August 22, 1980,
    p.
    85; Proposed Rule,
    Second Notice, Order of October 17,
    1980.)
    The petition falls under the existing Rule
    503(a).
    However,
    this
    was held invalid by the Illinois Supreme Court in County of Cook,
    et al.
    v. John Sexton Contractors,
    et al.
    (April 18,
    1979)
    based
    on lack of statutory authorization for the rule.
    Section 40(b)
    requires that the Board~ “hear the petition in
    accordance with the terms of subsection
    (a)
    of this section and its
    procedural rules governing denial appeals.”
    In adopting this lan-
    guage the legislature has expressed a specific intent that the Board
    follow existing Rule 503(a) and Part V of the Procedural Rules.
    Section 40(b)
    also provides:
    “The Agency and the permit appli-
    cant shall be named co—respondents.”
    Petitioners have not named
    Akron
    as a respondent and have not joined the Agency at all.
    There
    is no indication that service has been made on Akron.
    Due process
    requires that they be afforded notice.
    Procedural Rule 502(a) (3)
    provides that the method of filing and service shall he in accord-
    ance with Procedural Rules
    304 and 305.
    —2--
    Petitioners are ordered to amend the petition to name the
    Agency and Akron as respondents and to provide them with service
    as required by the Procedural Rules.
    This matter will be subject
    to dismissal unless an amended petition showing correction of the
    noted deficiencies is received within fourteen days of the date of
    this Order.
    The Board has received a letter from an attorney representing
    Akron and a copy of a letter to the Agency from Petitioners’ at-
    torney.
    Both of these request advice on legal matters.
    Parties
    should forward copies of all correspondence directed to the Board
    to all other parties.
    Since this
    is the first Section 40(b) peti-
    tion received by the Board all these represent novel questions of
    law.
    The parties may renew their requests by way of motion after
    proper joinder and service.
    The Petitioners should be aware that there is an issue con-
    cerning application of the ninety day decision rule of Section
    40(a).
    The Board construes Section
    40 as giving Akron
    a right
    to decision within ninety days of filing of the petition
    (October
    6,
    1980)
    unless Akron waives this right.
    It is Petitioners’ re-
    sponsibility to ensure that a hearing is scheduled and a transcript
    provided the Board in advance of any decision date.
    On October 16,
    1980 Akron filed objections to the petition.
    The Board will con-
    sider these issues after proper joinder.
    IT
    IS SO ORDERED.
    I, Christan L.
    Moffett, Clerk of the Illinois Pollution Control
    Board, hei~bycertify that the above Orde~-was adopted on the ~?c~’
    day of (3-~~L&~
    ,
    1980 by a vote of
    ~—O
    Christan L. Moffe~cyjClerk
    Illinois Pollution ~‘ontrolBoard

    Back to top