ILLINOIS POLLUTION CONTROL BOARD

June 23,

1992

INDUSTRIAL FUELS

& RESOURCES/

)

ILLINOIS,

INC.,

)

Petitioner,

PCB 90—53

v.

)

(Landfill Siting Review)

)

CITY COUNCIL OF THE CITY

)

OF HARVEY,

Respondent.

ORDER OF THE BOARD

(by J. Anderson):

This matter is before the Board upon remand from the first

district appellate court.

Industrial Fuels

& Resources/Illinois,

Inc.

v. Illinois Pollution Control Board et al., No.

91-0144,

(1st Dist. March 19, 1992).

At the conclusion of its opinion,

the appellate court stated:

accordingly,

we reverse the decision of the Illinois

Pollution Control Board.

We hold that the site

location in Harvey,

Illinois shall be considered

approved as required under Section 39(c)

of the

Environmental

Protection) Act

(Ill.

Rev. Stat.

1989,

ch. 111½, par. 1039(c)) and remand for whatever

proceedings are necessary to complete the application

process.

(Slip Op. at 27).

Section 39(c)

of the Environmental Protection Act provides,

in part,

as follows:

except

for those facilities owned or operated by

sanitary districts organized under the Metropolitan

Water Reclamation District Act no permit for the

development or construction of a new regional pollution

control facility may be granted by the Agency unless

the applicant submits proof to the Agency that the

location of said facility has been approved by the

County Board of the county

if in an unincorporated

area, or the governing body of the municipality when in

an incorporated area in which the facility is to be

located in accordance with 9ection 39.2 of this Act.

We construe the appellate court’s mandate to mean that the

site location of Industrial Fuels

& Resources/Illinois,

Inc.

(Industrial Fuel)

is considered approved and that no further

action by this Board or the City Council of the City of Harvey is

134—291

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2

necessary.

The presentation of this Order to the Agency shall

suffice for purposes of Section 39(c) of the Act.

Industrial

Fuels is therefore free to proceed forward with the permitting

process.

The Board hereby closes this docket.

IT IS SO ORDERED.

I, Dorothy M. Gunn,

Clerk of the Illinois Pollution Control

Board1 hereby cer

fy that on the above order was ado~ptedon the

~3/-.&

day of

______________,

1992, by a vote of

/-C

C.,

Dorothy M. ç4hn, clerk

Illinois P~i1utionControl Board

I

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