ILLINOIS POLLUTION CONTROL BOARD
    August 30, 1990
    RICHARD WORTHEN, CLARENCE BOHN,
    )
    HARRY PARKER,
    GEORGE ARNOLD, CITY
    )
    OF EDWARDSVILLE, CITY OF TROY,
    VILLAGE OF MARYVILLE, and VILLAGE
    OF GLEN CARBON,
    )
    )
    Petitioners,
    )
    PCB 90—137
    )
    (Landfill Siting
    V.
    )
    Review)
    VILLAGE OF ROXANNA and
    LAIDLAW
    )
    WASTE SYSTEMS (MADISON), INC.,
    )
    Respondents.
    ORDER OF THE BOARD (by J. Theodore Meyer):
    This matter is before the Board on a motion to dismiss parties
    to this appeal, filed by respondent Laidlaw Waste Systems
    (Madison), Inc., (Laidlaw) on August 10, 1990. Laidlaw seeks to
    dismiss four of the petitioners in this case. Those four
    petitioners who are the subject of the motion to dismiss--Richard
    Worthen, City of Troy, Village of Maryville, and Village of Glen
    Carbon (collectively, petitioners) filed their answer to the motion
    on August 22, 1990.
    Section 40.1(b) of the Environmental Protection Act (Act),
    Ill.Rev.Stat. 1989, ch. 111 1/2, par. 1040.1(b), which governs this
    appeal, provides that this Board shall hear the appeal of any third
    party who participated in the local hearings and is so located as
    to be affected by the proposed facility. Laidlaw asks that the
    Board dismiss the petitioners because they are not located so as
    to be affected by the proposed facility.1 In support of this
    claim, Laidlaw states that: 1) the City of Troy is located 7.5
    miles from the proposed facility, and its municipal water supplies
    are over 9 miles from the proposed facility; 2) the Village of
    Naryville is located 6.2 miles from the proposed facility, and its
    municipal water supplies are 5.2 miles from the proposed facility;
    3) the City of Glen Carbon is 3 miles from the proposed facility,
    and its municipal water supplies are 5.7 miles from the proposed
    facility, and the City of Edwardsville is located between the
    proposed facility and Glen Carbon; and 4) Richard Worthen lives in
    the City of Alton, which is located 6.5 miles to the northwest of
    the proposed facility. Therefore, Laidlaw asserts that these
    1
    Laidlaw does not contend that the petitioners did not
    participate at the local level. As
    the
    Board noted in its August
    9, 1990 Order in this case, it appears that the petitioners did
    indeed participate in the hearing below.
    2
    petitioners are not located so as to be affected by the proposed
    facility, and must be dismissed.
    The Board will not rule upon the motion to dismiss at this
    time, but will take the motion with the case. The Board believes
    that there is insufficient information before it at this time to
    determine whether or not the petitioners are so located as to
    affected by the proposed facility. The parties shall address this
    motion at the hearing and in their briefs. The Board notes that
    it has previously addressed the issue of a complainant’s standing
    in Valessares v. The County Board of Kane County, 79 PCB 106 (PCB
    87—36, July 16, 1987)
    Finally, on August 29, 1990, the Village of Roxanna filed a
    motion to file a reduced number of copies of certain exhibits in
    the record. Although the Board would prefer that all three of the
    Board’s offices have copies of all exhibits available for Board and
    staff review, the Board will grant the motion.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby cer,~ify that the above Order was adopted on the
    ~O~—
    day of
    ‘e-~ç
    ,
    1990, by a vote of
    7-~
    Dorothy N. Gu~n, Clerk
    Illinois Pollition Control Board
    11 !~—~3~

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