ILLINOIS POLLUTION CONTROL BOARD
    April
    25, 1991
    LAND AND LAKES COMPANY, JMC
    OPERATIONS,
    INC. and NBD
    TRUST COMPANY OF ILLINOIS,
    )
    AS TRUSTEE UNDER TRUST
    )
    NO.
    2624EG,
    Petitioners,
    v.
    )
    PCB
    91—7
    (Landfill Siting Review)
    VILLAGE OF ROMEOVILLE,
    )
    Respondent,
    COUNTY OF WILL,
    Intervenor.
    ORDER OF THE BOARD
    (by ~3.Anderson):
    On March
    22,
    1991, Land and Lakes Company, JMC Operations,
    Inc. and NBD Trust Company of
    Illinois,
    as Trustee under Trust
    No.
    2624EG,
    (“Land and Lakes”)
    filed a Motion for Certification
    of Interlocutory Appeal.
    In paragraph
    3C of
    that motion,
    Land
    and Lakes extended the statutory decision deadline
    in this matter
    to 120 days following the Board’s receipt
    of the Appellate
    Court’s mandate on the issue certified for interlocutory
    appeal.
    On or about April
    9,
    1991, Land and Lakes was advised
    to
    file a proper waiver
    in accordance with 35
    Ill.
    Adm.
    Code 101.105
    (i.e.
    either
    a waiver
    to a calendar date certain or an open
    waiver).
    On April
    10,
    1991, Land and
    Lakes
    filed a waiver, via
    telefax, extending the Board’s August
    27,
    1991 decision deadline
    to December
    27,
    1991.
    The Board
    received
    a hard copy
    of the
    waiver
    on April
    15,
    1991.
    On April
    11,
    1991,
    the
    Board
    denied
    Land and Lakes’
    Motion
    for Certification of Interlocutory
    Appeal.
    On April
    1;,
    1991,
    Land
    and
    Lakes
    riled
    a
    purported
    withdrawal
    of
    its
    decision
    deadline
    waiver.
    In
    support
    of
    its
    withdrawal, Land and Lakes states that
    its waiver was intended to
    be effective only in the event
    that the Board granted its Motion
    for Certification of Interlocutory
    Appeal
    and that,
    because the
    Board denied i~smotion,
    the condition precedent
    to the
    effectiveness of
    the waiver had not been met.
    The Board does not allow waivers of decision deadlines
    to be
    withdrawn.
    Moreover, we note that Land and Lakes’
    waiver was not
    conditioned
    on
    the
    Board’s
    grant
    of
    the
    Motion
    for
    Certification
    of interlocutory Appeal.
    Even
    if the waiver
    were
    to
    be
    construed
    121—645
    —2—
    as a conditional waiver,
    35
    Ill. Adm. Code 101.105 provides,
    in
    part, that
    “a contingent waiver
    is not acceptable.”
    Accordingly,
    in light
    of the above,
    we
    will not allow Land and Lakes
    to
    withdraw its waiver.
    However, we will construe the withdrawal as
    a motion for expedited consideration and will make every attempt
    to dispose of
    this matter by the August
    27,
    1991 decision
    deadline.
    The hearing officer
    is directed to enter a schedulin~,
    order, consistent with this Order,
    that will ensure completion of
    the hearing and all briefs so that the Board can make every
    effort
    to decide this matter
    at its August
    22, 1991 Board
    meeting.
    IT
    IS SO ORDERED.
    I,
    Dorothy M.
    Gunn, Clerk of
    the Illinois Pollution Control
    Board,
    hereby certify ~4iatthe above Order was adopted on
    the
    2~5~1~
    day of
    ,~
    ~
    ,
    1991,
    by a vote of
    7()
    2~
    ~.
    Dorothy
    M. pnn,
    Clerk
    Illinois Pollution Control Board
    121—646

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