ILLINOIS POLLUTION CONTROL BOARD
    July
    11,
    1991
    RICHARD WORTHEN, CLARENCE BOHM,
    )
    HARRY PARKER, GEORGE ARNOLD,
    )
    CHARLES CRISWELL, THOMAS GIBSON,
    CITY OF EDWARDSVILLE, CITY OF
    )
    TROY, VILLAGE OF MARYVILLE,
    )
    VILLAGE OF GLEN CARBON, SAVE ALL
    )
    FARMLAND AND ENVIRONMENTAL
    RESOURCES, and MADISON COUNTY
    CONSERVATION ALLIANCE,
    Petitioners,
    v.
    )
    PCB 91—106
    (Landfill Siting)
    VILLAGE OF ROXANA and LAIDLAW
    WASTE SYSTEMS (MADISON),
    INC.,
    Respondent.
    ORDER OF THE BOARD
    (by B. Forcade):
    This action
    is a
    third—party appeal filed June
    24,
    1991
    pursuant
    to Section 40.1
    (b) of the Environmental Protection Act
    (“Act”)
    (Ill.Rev.Stat.
    Ch.
    111—1/2, par. 1040.1
    (b)).
    Richard
    Worthen, Clarence Bohm, Harry Parker, George Arnold,
    Charles
    Criswell, Thomas Gibson, City of Edwardsville, City of Troy,
    Village of Maryville, Village of Glen Carbon, Save All Farmland
    and Environmental Resources, and Madison County Conservation
    Alliance, appeals the decision of the Village of Roxana granting
    site location suitability approval.
    It appears that the petition
    is not duplicitous
    or
    frivolous
    and that Petitioner participated
    in the hearing below
    (See,
    Pet.
    p.
    4).
    Record Before the County Board
    P.A.
    82—682,
    also known as SB—172,
    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
    governing body of the municipality”.
    The statute does not
    specify who
    is to file with the Board such record
    or who is
    to
    certify to the completeness or correctness of the record.
    As t~eVillage of Roxana alone can verify and certify what
    exactly
    is the entire record before
    it,
    in the interest of
    124—83

    —2—
    protecting the rights of all parties to this action, and in order
    to satisfy the intention of SB—172, the Board believes that the
    Village of Roxana must be the party to prepare and file the
    record on appeal.
    The Board suggests that guidance
    in so doing
    can be had by reference
    to Rules
    321 through 324 of
    the Illinois
    Supreme Court Rules.
    The record shall contain legible versions
    of all documents, transcripts,
    and exhibits deemed to pertain to
    this proceeding from initial filing through and including final
    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 Roxana 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 Roxana 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 Roxana
    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.
    124—84

    —3—
    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,
    the Board will provide for
    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 completed
    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 ~.earingmay
    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.
    Sucn 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 notice
    of hearing,
    no scheduled hearing may be canceled unless the site
    ocation suitability applicant provides an open waiver or a
    ~aiver 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
    124—8 5

    —4—
    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
    Order,
    and
    to adhere to that Order until modified.
    IT
    IS SO ORDERED.
    I,
    Dorothy M.
    Gunn, Clerk
    of the Illinois Pollution Control
    Boa~~hereby certi
    that the above Order was adopted on the
    //~-1--
    day of
    _________________,
    1991,
    by a vote of
    7—c
    Dorothy M.~unn, Clerk
    Illinois P~’llutionControl Board
    124—86

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