ILLINOIS POLLUTION CONTROL BOARD

April

7,

1983

FRINK’S INDUSTRIAL WASTE,

INC.,

Petitioner,

V.

)

PCB 83—41

CITY OF ROCKFORD,

)

Respondent.

ORDER OF THE BOARD

(by 3. Anderson):

On March 25, 1983,

Frink’s Industrial Waste,

Inc. filed an

appeal of the February 21, 1983 decision of the City of Rockford

to deny regional pollution control facility site location approval

pursuant to SB 172,

§39.2 of the Act.

The liquid industrial waste

processing and transfer facility was proposed to be constructed at

the southwest corner of Rishwaukee Street and Boeing Drive in the

South Bypass Industrial Park in Rockford,

As the City of Rockford 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 53 172, the City ~u~t be the party

to

prepare and file the record on appeal.

The Board suggests that

guidance in so doing can he 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 Record on Appeal” which shall

list the documents comprising the record.

Two copies 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).

In light of the Board’s experience with records in this sort

of action, the Board advises Respondent to include in the record

any and all procedural rules it may have adopted to handle this

type of action.

52-48

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2

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, ~hristan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify that the above Order was adopted

on the 7~day

of

~

1983 by a vote of

~

S

tan L. Mof fe

Illinois

Pollution

Control Board

52-50