ILLINOIS POLLUTION CONTROL BOARD
    May 20,
    1993
    CITIZENS AGAINST REGIONAL LANDFILL,
    )
    )
    Petitioners,
    v.
    )
    PCB 92—156
    (Landfill Siting)
    THE
    COUNTY
    BOARD
    OF
    WHITESIDE
    COUNTY
    )
    and
    WASTE
    MANAGEMENT
    OF
    ILLINOIS,
    )
    INC.,
    Respondents.
    ORDER OF THE BOARD
    (by B.
    Forcade):
    This matter comes before the Board on a Notion for Stay
    filed on April 29,
    1993 by Citizens Against Regional Landfill
    (CARL).
    The motion requests the Board to stay the payment of the
    sanctions imposed against the attorney for CARL pending the
    outcome of an appeal to the Illinois Appellate Court.
    Waste
    Management of Illinois,
    Inc.
    (WNII)
    filed a reply to the motion
    on Nay
    10,
    1993.
    On January 21,
    1993,
    the Board granted WMII’s motion for
    sanctions against Mr.
    Hudec,
    the attorney for CARL,
    and ordered
    WNII to submit a statement of costs to the Board.
    After
    reviewing the statement of costs,
    the Board,
    on March 11,
    1993,
    ordered the attorney for CARL to pay $2,697.50 to WMII within 30
    days or by April
    12,
    1993.
    On February 25,
    1993, the Board affirmed Whiteside County’s
    decision granting siting approval.
    On April
    1,
    1993, CARL filed
    a motion for reconsideration of the Board’s refusal to consider
    the entire deposition transcript even as an offer of proof.
    On
    April 22,
    1993,
    the Board denied CARL’s motion for
    reconsideration.
    CARL notes that the Board has issued a final order
    in this
    matter and the petitioner will be filing a petition for review
    with the Appellate Court.
    CARL asserts that there is
    a nexus
    between the sanctions imposed and the issues that will be raised
    on appeal.
    CARL claims that one of the issues for review
    is the
    submission of the deposition transcript for which the sanctions
    were imposed.
    CARL maintains that due to the relationship
    between the sanctions and the submission of the deposition
    transcript, payment of the sanctions should be stayed during
    appellate review.
    WMII argues that the motion to stay should be denied.
    WMII
    argues that CARL does not set forth any recognized grounds for a
    stay.
    Further, WMII asserts that CARL has not addressed any of
    0
    ~.2-O57
    I
    2
    the equitable elements to be considered and balanced in
    determining if a stay should be granted.
    The Board denies the motion to stay.
    The only argument
    presented by CARL,
    in support of staying the payment of the
    sanctions,
    is the relationship between the issues raised on
    appeal and the basis of the sanctions.
    The Board finds this
    nexus to be an insufficient basis to stay the payment of the
    sanctions.
    The Board notes that payment of the sanctions was to be made
    by April
    12,
    1993.
    Neither party has presented arguments on the
    timeliness of the filing of the motion for stay.
    As this issue
    has not been raised and the Board has denied the motion, the
    Board will not consider the issue.
    The Board orders Mr. Hudec to
    pay the amount of sanctions as ordered to WMII within
    14 days of
    this order.
    IT IS SO ORDERED.
    J. Theodore Meyer abstained.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby certify that the above order was adopted on the
    _~
    ~~-~--
    day of _______________________,
    1993,
    by a vote
    of
    ~
    .
    4
    /
    ~
    //~
    ~
    Dorothy N. pj~nn, Clerk
    Illinois Pd~lutionControl Board
    Ok.2-0572

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