ILLINOIS POLLUTION CONTROL BOARD
September 24,
1987
McLEAN COUNTY DISPOSAL
COMPANY, INC.,
Petitioner,
vs.
)
PCB 87—133
THE COUNTY OF McLEAN,
Respondent.
ORDER OF THE BOARD
(by
3.
Theodore Meyer):
This matter
is before
the Board
on two motions filed
September
17,
1987
by the County of McLean (County).
The first
motion seeks an extension of time
for filing
the report of
proceedings, certificate
of record on appeal, and transcript
(collectively,
the record).
The second motion asks that
the
Board waive
the filing of seven copies of the transcript and
permit
the County to file just one copy.
In its motion for extension of
time
to file the record,
the
County notes
that on September
4,
1987,
the Board ordered
the
County to file the record within
21
days.
The County states
that
it has retained three court reporters
to transcribe
the
proceedings before the County Board, but contends
that none
of
the court reporters will
be able
to submit the full transcript
within
the 21—day schedule.
Affidavits
of the three court
reporters are attached, which state that
the original transcript
will most likely exceed 3000 pages,
and that 45 days are needed
to prepare and deliver
the transcript.
Thus,
the County asks
that
the Board extend the time
for
filing the record for
45 days
from the date of the motion.
The Board will grant
in part
the motion for extension of
times
A 45—day extension would make
the record due
on November
2,
1987.
However, the Board hearing
in this matter
is scheduled
for October
29,
1987.
The Board notes
that
the County states
that
it does not anticipate that an extension
of time would
require
a waiver
of the decision deadline.
It is necessary,
however,
that the record be filed
in advance of
the Board
hearing.
Given
the short statutory deadline
for decision of
this
case,
the hearing must be held
on October
29,
as scheduled.
Therefore,
the County is granted
until October
15,
1987,
to file
the record.
The extension
is
final
and the record must be
filed
on or before that date.
81—377
—2—
Additionally,
the Board notes
that
the fact that the
proceedings apparently have not been transcribed raises the issue
of whether
the transcripts of the proceedings were available
to
the full County Board
for consideration before the final vote on
the landfill siting application.
The Board
recently addressed
the issue of availability of transcripts
in Ash v.
Iroquois
County Board
(PCB 87—29),
decided July 16, l987~
In order
that
the Board may have
a complete record before
it,
the parties are
ordered
to address, at hearing,
the questions of whether each
County Board member attended each hearing, and whether
a
transcript
of the proceedings was available before the final
vote
of the County Board.
It should also
be determined whether
a roll
call
of County Board members was taken
at each hearing.
The
Board hearing officer
is
to ensure that these
issues are
addressed
at the hearing.
The parties shall also discuss
the
ramifications of the answers
to these questions,
in light of the
Board’s decision
in Ash,
in their briefs.
A copy of
the Ash
opinion
is attached
to this order.
In
its motion for waiver
of the filing
of seven copies of
the transcript,
the County states that the estimated cost
of
preparing seven copies
is $29,070, while only $7,371.90 remains
in the application fee account.
Thus,
the County asks
to be
allowed
to file only one copy of the transcript.
However,
seven
copies of the transcript are required
so that the Board may
properly consider this case.
Therefore,
the motion for waiver
is
denied.
The Board notes that the County may file clear
photocopies
of the original transcript:
it
is not necessary
to
purchase seven copies from the court reporting service.
IT
IS SO ORDERED.
I, Dorothy
M. Gunn, Clerk
of
the Illinois Pollution Control
Board, hereby certify~that the above Order was adopted on
the
~
day of
~
,
1987,
by
a vote
of
~~C)
~
)2~.
Dorothy M. ~Gunn, Clerk
Illinois Pollution Control Board
81—378