ILLINOIS POLLUTION CONTROL BOARD
    April
    1, 1982
    AMERICAN FLY ASH CO., et al.,
    )
    Petitioners,
    v.
    )
    PCB 81—1.88
    )
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD (by J.
    Anderson):
    On January 21, 1982 the Board dismissed this permit
    appeal,
    The Board
    found that there was no valid permit over which the
    l3oard could exercise jurisdiction, given the retroactive
    application of SB 172
    (P.A.
    82—0682) to a permit granted
    October 27,
    1981 for what “the parties have impliedly assumed
    without
    briefing
    is
    a ‘new regional pollution control facility’”
    as defined in SB 172
    (Order,
    p.
    1).
    On February 23,
    1981.
    petitioners filed a Motion for Rehearing,
    which was supplemented
    March 17, 1982.
    The Agency has filed no response.
    The Board
    hereby grants petitioners’ motion, which it construes as a motion
    for reconsideration.
    Upon reconsideration, the Board vacates its
    Order of January 21,
    1982,
    with the result that this action is
    reinstated.
    The Board need not reach the estoppel issue which was the
    basis of petitioners’ original Motion,
    as the new argument
    contained in the Supplement that the site
    is not a “new regional
    pollution control facility” raises the dispositive issue.
    The
    Board had anticipated that the threshold question of whether the
    site was a regional or non-regional one would be addressed in
    the parties’ briefs in response to the Board’s December 17,
    1981.
    Order.
    It was not.
    The Board therefore accepted at face
    value
    the parties’
    implied agreement that the site was a “regional
    pollution control facility” as defined by SB
    172.
    The current motion for the first time argues that the site
    is not regional.
    It states that disposal site is located in an
    unincorporated area of Tazewell County,
    and is intended to serve
    only one customer, the Commonwealth Edison Powerton Plant,
    also
    located in an unincorporated area of Tazewell County.
    SubsectiOn
    3(t) of the Act,
    as amended by SB 172 provides in pertinent part
    that a
    46—21
    2
    “‘Regional Pollution Control Facility’
    is any... waste
    disposal site... that accepts waste from or extends
    over the boundaries of any local general purpose unit
    of government
    ...“
    (emphasis added).
    The Board notes that this action is one of three permit
    appeals which were the subject of special Board consideration in
    December, 1981 in the light of the enactment of
    SB 172 with its
    significantly altered permitting requirements, and the Board’s
    90 day decision deadline.
    On December 22,
    1981 the Board made a
    request to the Attorney General for an Opinion construing some
    of the language contained in SB 172.
    The Board’s request stated
    its concern that
    “Misclassification or conflicting classification of
    affected facilities as “regional” or “not—regional”
    by those involved in approval, permitting and appeals
    during the siting process could lead to chaos,
    especially considering the differences in the
    entities and individuals involved in each process
    and the statutory time limits
    for decisionmaking by
    the.entities involved with “regional” facilities.”
    In his Opinion of February 18,
    1982
    (File No.
    82—003), the
    Attorney General states his conclusion that “local general pur-
    pose unit of government’
    includes only counties and municipalities”
    (A.G. Opinion at 10).
    Based on petitioners’ new argument and on this recent
    statutory construction, the Board finds that the instant site
    does not serve or extend over the boundaries of Tazewell County,
    and further does not serve
    a municipality within the borders of
    thal
    county (see A.G.
    Opinion at 13).
    Therefore, the site is not
    a
    “regional pollution control facility”,
    and is not subject to
    the dictates of SB 172 which became effective as to permits
    concerning non—regional facilities November 12,
    1981,
    16 days
    after the issuance of the permit whose condition is the subject
    of this appeal.
    This case was dismissed on the 52nd day after its filing.
    As petitioners had waived the 90-day decision period for the 14
    day period of a continuance
    in a briefing schedule, upon
    reinstatement there are 52 days remaining in the decision period.
    Hearing shall therefore be scheduled and held as expeditiously as
    is practicable.
    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
    ~
    ,
    1982 by a vote of
    ~/-o.
    (I
    34\ ~1.L_~±~4~
    d
    Christan L.
    Moffeti
    ,
    erk
    Illinois Pollution
    rol Board
    46—22

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