ILLINOIS POLLUTION CONTROL BOARD
October 14, 1982
JESSIE
Q.
ABBOTT, et al.,
)
Petitioners,
v
)
PCB 82—124
WASTE MANAGEMENT OF ILLINOIS,
INC.
)
AND THE CITY OF EAST ST. LOUIS,
)
)
Respondents.
ORDER OF THE BOARD
(by J.
Anderson):
This
is a third party permit appeal
filed pursuant to SB
172.
Jessie
0.
Abbott,
Alvin Abbott,
Abra Gray,
Sr., Edward Powell,
John C.
Griffin, James Blevins and Scott Randolph (Abbott et al.)
are appealing the grant by the City of East St.
Louis
(City) for
approval
of the site location of a proposed regional sanitary
landfill
to be located in the City (and accepting waste generated
outside the
City’s
boundaries)
pursuant to the City’s joint appli-
cation with Waste Management of Illinois,
Inc.
(Waste Management~,.
This appeal
of the City’s September
7,
1982 decision was timely
filed.
As required by Section 40.1(b) of the Act, the Board finds
that this matter should proceed to hearing,
as the petition
a)
is
not duplicitous or frivolous,
b)
indicates in Paragraph 6(c) that
petitioner participated in the August
17, 1982 public hearing, and
c)
recites that the petitioners “own homes and reside in the area
near the site location”.
SB
172, as codified in Section 40.1(a)
of the Act provides
that the hearing before the Board is to “be based exclusively on
the record before the
...municipality”.
The statute does not
specify who is to file with the Board the record before the City,
or who is to certify to the completeness or correctness of the
record.
As the City of East St.
Louis
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
City must be the party to prepare and file the record on appeal.
The Board suggests that guidance
in so doing can be had by
reference to Rule 502(a) (4)
of the Board’s Procedural Rules and
to Rules
321 through 324 of the Illinois Supreme Court
Rules.
In
addition to the actual documents which comprise the record, the
City Clerk shall also prepare a document entitled “Certificate of
49-181
2
Record on Appeal” which shall list the documents comprising the
record.
Two copies of the certificate and the record shall be
filed with the Board, and a copy of the certificate
shall be
served upon the petitioner.
The City Clerk is given 21 days from
the date of this Order to “prepare, bind and certify the record
on appeal”
(Ill.
Supreme Court, Rule 324).
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 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 permit (Alliance foraSafe
Environment, et al. v.
Akron Land Corp. et al.,
PCB 80—184,
October 30, 1980).
The Board therefore construes Section 40.1(b)
in a like manner, with the result that failure of the Board to
act in 90 days would allow respondents to deem the site location
approved.
Pursuant to Procedural Rule 504,
it
is petitioner’s
responsibility to pursue this action
to insist that a hearing on
its petition is timely scheduled and
a transcript of that 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 the petition.
IT IS SO ORDERED.
I, Christan L.
Moffett, Clerk of the Illinois Pollution
Contro~1.1koard, hereby ce tify that the above Order was adppted on
the
JL/”—
day of
_______________,
1982 by a vote of
~
Christan L.
Moffe
lerk
Illinois Pollution
ontrol Board
49-182