ILLINOIS POLLUTION CONTROL BOARD
    January 23, 1992
    WASTE HAULING, INC.
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 91—223
    )
    (Landfill Siting
    MACON COUNTY BOARD,
    )
    Review)
    )
    Respondent.
    ORDER OF THE BOARD (by M. Nardulli):
    This matter is before the Board on petitioner Waste Hauling,
    Inc.’s January 9, 1992 appeal of a hearing officer order. The
    hearing officer order at issue, entered January 3, 1992, denied the
    Organization for Environments and Residents’
    Safety’s
    (OFEARS)
    motion to intervene,
    but granted OFEARS amicus curiae status.
    OFEARS
    filed a response to Waste Hauling’s appeal on January 17,
    1992.
    The Macon County Board filed its response on January 21,
    1992.
    Waste Hauling objects to the portion of the hearing officer’s
    order which allows OFEARS to participate in this proceeding as an
    amicus. Waste Hauling contends that the proper function of an
    amicus is to act as an impartial party who
    has
    no interest in the
    actual outcome of the action. Waste Hauling maintains that because
    the members of OFEARS objected (at the local level) to Waste
    Hauling’s application for expansion of its landfill, it is apparent
    that OFEARS is not an impartial party. In response, OFEARS states
    that amicus practice has moved from “friendship” to partisanship,
    and that the granting of amicus status is discretionary with the
    court (in this case, the Board). The Macon County Board states
    that it believes that the hearing officer acted within the scope of
    his authority, and that the order allowing amicus status should be
    affirmed.
    The Board’s past practice has been to allow participants at
    the local level in landfill siting cases to participate before the
    Board as amici. (Clean Ouality Resources, Inc. v. Marion County
    Board, PCB 90-216 (February
    28, 1991);
    Laidlaw Waste Systems v.
    McHenry County Board, 90 PCB 135 (PCB 88-27, June 16, 1988).) The
    hearing officer’s order allowing OFEARS aiuicus status is affirmed,
    and Waste Hauling’s appeal is denied.
    IT IS SO ORDERED.
    129—32 1
    2
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, ~hereby cer •fy that the above Order was adopted on the
    ~y’~—~-~
    day of ______________,
    1992, by a vote of
    .5~O.
    Dorothy M.,4unn, Clerk
    /L~~
    Illinois PáXlution Control Board
    129—322

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