ILLINOIS POLLUTION CONTROL BOARD
    September 19, 1996
    VILLAGE OF LYNWOOD,
    Petitioner,
    v.
    COOK COUNTY BOARD OF
    COMMISSIONERS AND J. T. EINODER
    CO.,
    Respondents.
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    PCB 97-28
    (Pollution Control Facility Siting
    Appeal)
    ORDER OF THE BOARD (by G.T. Girard):
    On August 6, 1996 the Village of Lynwood (Lynwood) filed a petition for review
    asking the Board to review a decision by the Cook County Board of Commissioners (Cook
    County) approving siting of a pollution control facility pursuant to Section 39.2 of the
    Environmental Protection Act (Act). On August 27, 1996 a motion to dismiss (Mot.) was
    filed by Cook County alleging the Board lacks jurisdiction in this matter as the action by Cook
    County was a zoning decision not a siting approval. Also on that date Cook County filed a
    motion for extension of time to file the record which was granted by hearing officer order on
    September 4, 1996. On September 5, 1996 the Village of Lynwood (Lynwood) filed a motion
    for extension of time to respond to the motion to dismiss. On September 11, 1996, the
    hearing officer granted Lynwood until September 13, 1996 to respond and Lynwood filed its
    response (Res.) on that date.
    Cook County asserts that the Board lacks jurisdiction in this proceeding as “Einoder
    never applied to, nor received from the County Board, a §39.2 siting approval.” (Mot. at 7
    and 8.) Cook County argues J.T. Einoder, Co. (Einoder) applied to Cook County Department
    of Building and Zoning for a special use permit to operate a recycling center. Cook County
    maintains that the application filed by Einoder is devoid of any information requesting siting
    approval. (Mot. at 7.) In addition, the findings by the Zoning Board of Appeals also make no
    mention of the nine criteria enunciated in Section 39.2 of the Act and no findings refer to a
    siting application. Cook County states that the County Board after considering the special use
    request adopted an Ordinance granting Einoder a special use permit for the recycling
    operation. (Mot. at 8.) Cook County argues that the ordinance was enacted solely based upon
    the pertinent provisions of the zoning ordinance without any reference to the standards in
    Section 39.2 of the Act. (
    Id
    .)
    Cook County agrees that if Einoder had been granted siting approval pursuant to
    Section 39.2 of the Act, the Board would have jurisdiction under Section 40.1 of the Act to
    review the decision. However, Cook County asserts that the Board must act “strictly within
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    the boundaries of its jurisdictional grant as created by law.” (Mot. at 6 citing Mystik Tape v.
    PCB, 16 Ill.App. 3d 778 (1st. Dist. 1973).) Because the decision granting a special use
    permit is a zoning decision, Cook County argues the Board is without jurisdiction to review
    Cook County’s decision. (Mot. at 6.)
    In response, Lynwood argues that the granting of a special use permit is a violation of
    the Environmental Protection Act.
    The Board is a creature of statute and as such any power or authority claimed by it
    must be found in the Act. (Shepard
    et al
    v. IPCB, 272 Ill.App.3d 764, 651 N.E.2d 555, 209
    Ill.Dec. 377 (2nd Dist. 1995) and Granite City Steel v. IPCB, 155 Ill.2d 149, 613 N.E.2d
    719, 184 Ill.Dec. 402 (1993).) Section 40.1 of the Act allows the Board to review decisions
    which grant approval for siting of pollution control facilities, including facilities in
    unincorporated Cook County, pursuant to P.A. 89-102, effective July 7, 1995. Cook County
    does not challenge the Board’s authority to review siting decisions pursuant to Section 39.2
    and 40.1 of the Act. However, the Act does not give the Board the authority to review zoning
    decisions. Thus, the Board agrees that it lacks jurisdiction to review zoning actions by a local
    government.
    In this case, the Board can find no evidence that the decision by the Cook County
    Board of Commissioners was a siting decision pursuant to Section 39.2 of the Act. Rather, the
    evidence, which includes the application and the findings by the Zoning Board of Appeals,
    support a finding that the action was a zoning decision. In addition, attached to Cook
    County’s motion to dismiss is an Illinois Environmental Protection Agency air permit which
    specifically prohibits acceptance of solid waste absent compliance with the siting requirements
    of Section 39.2 of the Act. Therefore, while the Board has the jurisdiction to review decisions
    made by Cook County pursuant to Section 39.2 of the Act, we lack jurisdiction to review the
    decision by Cook County which is the subject of this appeal.
    The motion to dismiss is hereby granted and this docket is closed.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1994)) provides for
    the appeal of final Board orders within 35 days of the date of service of this order. The Rules
    of the Supreme Court of Illinois establish filing requirements. (See also 35 Ill.Adm.Code
    101.246 "Motions for Reconsideration.")
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the _____ day of ___________, 1996, by a vote of
    ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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