ILLINOIS POLLUTION CONTROL BOARD
    February 27, 1992
    LAND
    AND
    LAKES
    COMPANY,
    )
    JMC
    OPERATIONS,
    INC.,
    and
    )
    NBD
    TRUST
    COMPANY
    OF
    ILLINOIS,.
    )
    AS TRUSTEE UNDER TRUST NO. 2624EG
    )
    )
    Petitioner,
    V.
    )
    PCB 92—25
    (Landfill Siting)
    VILLAGE OF ROMEOVILLE
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by B.
    Forcade):
    This action is an appeal filed February 13,
    1992 pursuant to
    Section 40.1
    (a)
    of the Environmental Protection Act (“Act”)
    (Ill.Rev.Stat. Ch.
    111-1/2,
    par. 1040.1
    (a)).
    Petitioner appeals
    the decision of the Village Board of the Village of Roineoville
    denying site location suitability approval.
    On February 18,
    1992 Land and Lakes filed a motion to
    identify additional materials to be incorporated.
    On February
    26,
    1992 the Respondent filed a motion to dismiss and Will County
    filed a petition for leave to intervene.
    The Board will not rule
    on these motions at this time because the 7 day period in which
    the parties have to file a response has not expired.
    The Board
    proceeds to set this matter for hearing but notes that the
    outcome of the
    pending motions may result in cancellation of the
    hearing.
    Record Before the County Board
    P.A. 82-682, also known as SB—l72, as codified in Section
    40.1(a)
    of the Act, provides that the hearing before the Board is
    to “be based exclusively on the record before the county board or
    ;overning body of the municipality”.
    The statute does not
    specify
    Q is to file with the Board such record or who is to
    certify to the completeness or correctness of the record.
    As the Village of Romeoville alone can verify and certify
    what exactly is the entire record before it,
    in the interest of
    Drotecting the rights of all parties to this action,
    and in order
    ~o satisfy the intention of SB-172, the Board believes that the
    ~Til1ageof Romeoville must be the party to prepare and file the
    record on appeal.
    The Board suggests that guidance in so doing
    ~an be had by reference to Rules 321 through 324 of the Illinois
    upreme Court Rules.
    The record shall contain legible versions
    )f all documents, transcripts, and exhibits deemed to pertain to
    :his proceeding from initial filing through and including fihal
    130—329

    2
    action by the local government body.
    The record shall contain
    the originals of all documents,
    shall be arranged as much as
    possible in chronological sequence, and shall be sequentially
    numbered, placing the letter “C” before the number of such page.
    In addition to the actual documents which comprise the record,
    the Village of Romeoville Clerk shall also prepare a document
    entitled “Certificate of Record on Appeal’! which shall be an
    index of the record that lists the documents comprising the
    record and shows the page number upon which they start and end.
    Seven copies of the certificate, seven copies of the transcript
    of the Village of Romeoville hearing and three copies of any
    other documents in the record shall be filed with the Board, and
    a copy of the certificate shall be served upon the petitioner(s).
    The Clerk of the Village of Romeoville is given 21 days from the
    date of this Order to “prepare, bind and certify the record on
    appeal”
    (Ill.
    Supreme Court, Rule 324).
    If the record is not
    legible,
    is not sequentially numbered,
    or fails to include an
    appropriate index of record, the Clerk of the Pollution Control
    Board may refuse to accept the document for filing.
    Waiver of Decision Deadline
    Section 40.1(a) provides that if there is no final action by
    the Board within 120 days,
    petitioner may deem the site location
    approved.
    The Board has construed identical “in accordance with the
    terms of” language contained in Section 40(b)
    •of the Act
    concerning third—party
    appeals of the grant of hazardous waste
    landfill permits as giving the person who had requested the
    permit a) the right to a decision within the applicable statutory
    time frame
    (now 120 days),
    and b)
    the right to waive
    (extend) the
    decision period
    (Alliance for a Safe Environment,
    et al.
    v. Akron
    Land Corp.
    et al., PCB 80-184, October 30,
    1980).
    The Board
    therefore construes Section 40.1(b)
    in like manner, with the
    result that failure of this Board to act in 120 days would allow
    the site location applicant to deem the site location approved.
    Pursuant to Section 105.104 of the Procedural Rules,
    it is each
    party’s responsibility to pursue its action, and to insist that a
    hearing on the petition is timely scheduled in order to allow the
    Board to review the record and to render its decision within 120
    days of the filing of the petition.
    Transcription Costs
    The issue of who has the burden of providing transcription
    in Board site location suitability appeals has been addressed in
    Town of Ottawa, et al.
    v. IPCB.
    et al.,
    129 Ill.
    App.
    3rd,
    472
    N.E.2d 150 (Third District,
    1984).
    In that case, the Court
    ordered the Board to assume transcription costs
    (472 N.E.2d at
    155).
    The Supreme Court denied leave to appeal on March 14,
    1985.
    In cognizance of this ruling, th~
    Board will orovid~ for
    130—330

    3
    stenographic transcription of the Board hearing in this matter.
    This matter is accepted for hearing.
    Hearing must be
    scheduled within 14 days of the date of this Order and óompleted
    within 60 days of the date of this Order.
    The hearing officer
    shall inform the Clerk of the Board of the time and location of
    the hearing at least 40 days in advance of hearing so that public
    notice of hearing may be published.
    After hearing, the hearing
    officer shall submit an exhibit list, written schedule for
    submission of briefs if any and all actual exhibits to the Board
    within
    5’ days of the hearing.
    Any
    briefing schedule shall
    provide for final filings as expeditiously as possible and in no
    event later than 70 days from the date of this Order.
    If after appropriate consultation with the parties, the
    parties fail to provide an acceptable hearing date or if after an
    attempt the hearing officer is unable to consult with the
    parties, the hearing officer shall unilaterally set a hearing
    date in conformance with the schedule above.
    This schedule will
    only provide the Board a very short time period to deliberate and
    reach a decision before the due date.
    The hearing officer and
    the parties are encouraged to expedite this proceeding as much as
    possible.
    The hearing officer may extend this schedule only on a
    waiver of the decision deadline by the site location suitability
    applicant and only for the equivalent or fewer number of days
    that the decision deadline is waived.
    Such waivers must be
    provided in writing to the Clerk of the Board.
    Any waiver must
    be an “open waiver” or a waiver of decision until .a date certain.
    Because of requirements regarding the publication of notice
    of hearing,
    no scheduled hearing may be canceled unless the site
    location suitability applicant provides an open waiver or a
    waiver to a date at least 120 days beyond the date of the motion
    to cancel hearing.
    This should allow ample time for the Board to
    republish notice of hearing and receive transcripts from the
    hearing before the due date.
    Any order by the hearing officer
    granting cancellation of hearing shall include a new hearing date
    at least 40 days in the future and at least 30 days prior to the
    new due date and the Clerk of the Board shall be promptly
    informed of the new schedule.
    Because this proceeding is the type for which the Illinois
    Environmental Protection Act sets a very short statutory deadline
    for making a decision, absent a waiver, the Board will grant
    extensions or modifications only in unusual circumstances.
    Any
    such motion must set forth an alternative schedule for notice,
    hearing, and final submissions, as well as the deadline for
    decision,
    including response time to such a motion.
    However, no
    such motion shall negate the obligation of the hearing officer to
    establish a Scheduling Order pursuant to the requirements of this
    130—331

    4
    Order, and to adhere to that Order until modified.
    IT IS SO ORDERED.
    I, porothy M. Gunn, Clerk of the Illinois Pollution Control
    Board
    hereby certif
    that the above Order was adopted on the
    ~7~day
    of
    ___________________,
    1992, by a vote of
    7~
    ~
    i~h.xL~
    Dorothy M. 9~n, Clerk
    Illinois Po~1.utionControl
    130—332

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