ILLINOIS POLLUTION CONTROL
    BOARD
    February 25,
    1993
    ALICE ZEMAN, et al.,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 92—174
    )
    (Local Siting Approval Appeal)
    VILLAGE OF SUMMIT and WEST
    )
    (Consolidated with PCB 92-177)
    SUBURBAN, RECYCLING and
    )
    ENERGY CENTER,
    INC.,
    )
    )
    Respondent.
    DONNA QUILTY,
    )
    )
    Petitioner,
    )
    V.
    )
    PCB 92—177
    )
    (Local Siting Approval Appeal)
    VILLAGE OF SUMMIT and WEST
    )
    (Consolidated with PCB 92-174)
    SUBURBAN, RECYCLING and
    )
    ENERGY CENTER,
    INC.,
    )
    Respondent.
    CONCURRING OPINION (by G.
    T. Girard):
    I concur with the Board opinion and order of February 25,
    1993,
    in PCB 92-174.
    However,
    I believe that the statutory
    decision timetable for this matter on remand should be 270 days,
    since this is being remanded as an amended application.
    The statutory framework for decision deadline by the county
    board or local governing body is given in Section 39.2(e)
    of the
    Illinois Environmental Protection Act
    (Act)
    (415 ILCS 5/40.1
    (1992)).
    In the first paragraph of subsection 39.2(e)
    of the Act
    it states that:
    “If there is no final action by the county board
    or governing body of the municipality within 180 days after the
    filing of the request for site approval the applicant may deem
    the request approved.”
    This was the basis of the statement in
    Point
    1 of the February 25,
    1993,
    Board opinion and order that:
    “In lieu of a new filing by the applicant, the statutory 180 day
    timetable as provided in Section 39.2 of the Environmental
    Protection Act will begin as of the date of this order.”
    However,
    in Point
    2
    (p.
    26) of the February 25,
    1993, Board
    opinion and order,
    it is clear that the Board is remanding the
    application for reconsideration as an amended application.
    The
    0139-0589
    2
    second paragraph in subsection 39.2(e) of the Act clearly states
    that for an amended application:
    “the time limitation for final
    action set forth in this subsection
    (e)
    shall be extended for an
    additional period of 90 days.”
    Therefore,
    if an amended
    application is being remanded and the time—clock restarted from
    the beginning, the decision deadline should be 180 days plus the
    90 day addition for an amended application, for a total of 270
    days.
    Whether not the application is treated as a new or an
    amended application is not a Small point.
    Subsection 39.2(e)
    is
    very clear that an applicant can only submit one amended
    application.
    If this application is being remanded as an amended
    application, then the applicant cannot file another amended
    application.
    If the applicant desired to amend the application.
    the applicant would be required by statute to file a new
    application.
    A new application would necessitate following the
    notice requirements of Section 39.2 of the Act to invest the
    local governing body with jurisdiction to hear the application.
    For the reasons delineated above, the Board needs to clearly
    distinguish whether an application is “new” or “amended”.
    It is
    clearly stated in subsection 39.2(e) that an amended application
    has the 180 day decision deadline extended by 90 days.
    Therefore,
    in PCB 92-174, the decision deadline for the remanded
    amended application should be 270 days.
    Therefore,
    I respectfully concur.
    G’.’
    Tanner
    Gir~d
    Board
    Member
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certif~r~)~-iat
    the above concurring opinion was
    submitted on the
    ~
    day of~7@~J~1993.
    Dorothy M. Gu
    ,
    Clerk
    Illinois
    P01
    ion Control Board
    0139-0590

    Back to top