ILLINOIS POLLUTION CONTROL BOARD
    November 12,
    1982
    WILL COUNTY DEVELOPMENT INC.,
    Petitioner,
    v.
    )
    PCB 82—132
    BOARD OF COMMISSIONERS OF WILL COUNTY,
    Respondent.
    )
    and
    WILL COUNTY DEVELOPMENT INC.,
    )
    Petitioner,
    v.
    )
    PCB 82—133
    BOARD OF COMMISSIONERS OF WILL COUNTY,
    Respondent.
    ORDER OF THE BOARD
    (by J. Anderson):
    The above captioned appeals were both filed on November
    1,
    1982 by Will County Development,
    Inc.
    (Development).
    Each
    challenges a September 30,
    1982 decision of the Board of Commis-
    sioners of Will County (Will County) to deny regional pollution
    control facility site location approval pursuant to SB 172,
    Section 39.2 of the Act.
    PCB 82-132 concerns denial of approval
    for a proposed Secure Hazardous Waste Landfill, commonly referred
    to as Landfill Site
    ‘A’,
    to be located in Section 12 of Channahon
    Township (County Resolution 82-118).
    PCB 82-133 concerns denial
    of approval
    for a proposed “Municipal/Sanitary and Special Waste
    Landfill, commonly referred to as Landfill Site
    ‘B’, to be located
    in Section 12 of Channahon Township”
    (County Resolution 82-119).
    As the Will 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,
    Will County 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
    49-303
    2
    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 County Board Clerk shall
    also
    prepare a document entitled “Certificate of 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.
    As these requirements have not previously been stated, the County
    Board 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).
    The Board reminds the parties that SB 172 provides that “if
    there is no final action by the Board within
    90 days, petitioner
    may deem the site location approved”.
    As the Board construes
    this provision as allowing for waiver
    (or extension) of this
    deadline only by petitioner, delay in the filing of the “record
    on appeal” could prejudice respondent.
    Hearing may be scheduled
    and noticed pending the
    filing of the record, but
    it shall
    in no
    event be held until
    10 days after the record has been filed with
    the Board.
    IT IS
    SO ORDERED.
    I, Christan L.
    Moffett, Clerk of the Illinois Pollution
    Control Boa~rd, hereby certify that the above Order was adopted
    on the
    /,,i1’ day of
    ______________
    ,
    1982 by a vote of ~
    ~
    ~
    ~)~A/1~L_
    Christan
    L. Moffett,’~Ø~rk
    Illinois Pollution Cdntrol Board
    49-304

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