ILLINOIS POLLUTION CONTROL
    BOARD
    January
    22,
    1976
    IN THE MATTER OF:
    PROPOSED AMENDMENTS TO
    )
    R 76-2
    CHAPTER
    7:
    SOLID
    ~STE
    )
    ORDER OF THE BOARD
    (by Mr.
    Zeitlin):
    Pursuant to Title
    7 of the Environmental Protection Act and
    Part II of the Board’s Procedural Rules, the Board hereby proposes
    the following Amendment to Chapter
    7:
    Solid Waste, of the Pollution
    Control Board Rules and Regulations.
    ADD
    to Chapter
    7:
    Solid Waste,
    a new Rule 401, as follows:
    401.
    The following site
    is approved for the
    development and operation of solid waste management
    sites,
    such approval being effective only upon the
    issuance of all appropriate permits therefor by the
    Environmental Protection Agency in conformity with
    the foregoing sections of this chapter and the
    Environmental Protection Act:
    (a)
    a tract of approximately 40 acres in
    Cook County,
    Illinois,
    located near 143rd
    Street and Wolf Road in Orland Park, whose
    legal description is approximately as follows:
    Southeast Quarter of the Northwest
    Quarter of Section
    7, Township 36
    North, Range
    12 East of the Third
    Principal Meridian in Cook County,
    Illinois.
    The Proposal shall be set for public hearing pursuant to public
    notice requirements.
    STATEMENT OF NEED
    The Board has proposed the foregoing Regulatory Amendment as a
    direct consequence of the Illinois Supreme Court’s decision in Carison v.
    Village of Worth, Docket No.
    47334
    (September 29,
    1975).
    That decision
    invali~dátedthe Agency’s previous practice of requiring, as a condition
    of all solid waste permits under Chapter
    7,
    that the permittee comply
    with all applicable local zoning or other site—related ordinances.
    The
    Court’s decision placed the burden of considering the suitability of an
    individual
    site, under the criteria in the Act,
    on the Agency as the
    permit-issuing authority.
    The Agency, however, has repeatedly stated
    that it is unable to perform such consideration under our current Solid
    Waste Regulations.
    19
    —
    741
    —2—
    Pending the promulgation of generally applicable Regulations to
    guide the Agency in its permit—issuing capacity, we see no reason to
    hold in abeyance the consideration of the suitability of this site.
    In this manner the “unified statewide” system of Regulation envisioned
    in Carlson,
    supra, can be effectuated immediately.
    It is hoped that all of those who have expressed an interest in
    this site, in PCB 75-443 and PCB 76—8, will participate fully
    in this
    Regulatory matter.
    IT IS SO ORDERED.
    Mr. James Young abstained.
    Dr. Donald Satchell abstained.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certi~ythe foregoing Order and Statement of Need were
    adopted on the~,)’4 day of January, 1976,
    by a vote of
    3..p
    c&tanL.Moffe~~
    Illinois Pollution
    trol Board
    19—
    748

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