ILLINOIS POLLUTION CONTROL BOARD

November

19,

1981

JO~1NPRIOR,

Petitioner,

v.

)

PCB 81~165

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD

(by J.

Anderson):

On November 12,

1981, the Governor signed SB

172,

P.A.

82-06—82,

“An Act relating to the location of sanitary landfills

and

hazardous

waste disposal sites.”

A determination of the

applicability and effect of

SB 172 must

be

made before

this

action

can proceed.

John Prior filed this appeal

of permit denial to develop a

solid waste disposal

landfill on October

22,

1981.

Prior’s permit

application was received by the Agency July

1,

1981, and was

denied September 14,

1981.

In his appeal and November

2,

1981

Motion for Summary Disposition, Prior indicates that the landfill

is

to be located in Jefferson County.

As the Agency has not yet

filed the record in this action,

it is unclear whether or not it

involves a regional pollution control facility as defined in

Section 3(t)

as newly amended by SB

172.

The parties are therefore directed to brief

the issue of the

applicability and effect of SB

172, briefs to be simultaneously

filed on or before December

1,

1981.

This short briefing schedule

is necessary to allow either

a prompt dismissal

of this action,

or

expeditious decision by the Board within the statutory 90 day

time period.

IT

IS SO ORDERED.

I,

Christan L. Moffett, Clerk of the Illinois Pollution

Control Board,

hereby certi~ythat the above Order was adopted on

the

day

of

~

1981

by

a

vote

of

~

Christan

L,

Moffet,t,/Clerk

Illinois Pollutioñ—~-dntrolBoard

44—ill