ILLINOIS POLLUTION CONTROL BOARD

March

2,

1989

SERVICE,

INC.,

Petitioner,

v.

)

PCB 88—195

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD (by

3.

Theodore Meyer):

This matter

is before

the Board on

a motion for

reconsideration and

to reinstate filed

by petitioner McLean

County Disposal Service,

Inc.

(MCD)

on February 14,

1989.

Respondent Illinois Environmental Protection Agency (Agency)

filed

its response on February 23,

1989.

MCD seeks reconsideration of the Board’s February

2,

1989

order granting the Agency’s motion

to dismiss this permit

appeal.

That motion

to dismiss was based upon

a claim

that MCD

did not have local

siting approval

for its landfill,

as

is

required by Sections 39(c)

and 39.2 of

the Environmental

Protection Act (Act).

Ill.

Rev.

Stat.

1987,

ch.

111 1/2,

pars.

1039(c)

and

1039.2.

MCD had

not waived

the 120—day statutory

decision deadline, and thus

the Board could

not stay the

proceeding.

The Board

found that proceeding with this permit

appeal would be

a waste of resources when

it could

not grant the

relief sought by MCD,

and thus dismissed

the proceeding.

In its motion

for reconsideration

and

to reinstate,

MCD asks

the Board

to reinstate the permit appeal

and stay further action

on that appeal

until

the local siting issue

is resolved.

MCD

maintains that such action would

conserve the resources of both

parties,

because

it would relieve MCD of the burden of refiling

its permit application

and relieve the Agency of the burden of

reviewing that permit application

for

a

second

time.

MCD has

waived

the statutory decision deadline.

(Motion,

p.

2.)

In

response,

the Agency states that

it agrees to reinstatement of

the permit apeal only if MCD’S motion constitutes a waiver of the

decision deadline, and

if all proceedings

in the permit appeal

are stayed pending

final

resolution of the local

siting issue.

The Board

is reluctant to grant MCD’S motion, because

it

feels that MCD made its decision on how to proceed

in

this case

97—03

---

—2—

when it opposed

the Agency’s motion to dismiss.

However,

the

Board agrees that reinstatement of the permit appeal,

coupled

with a

stay, would conserve the resources of both MCD and the

Agency.

The Board

finds that MCD’S motion does contain an open

waiver of the statutory decision deadline, and

thus grants MCD’s

motion to reconsider and reinstate.

Further proceedings on this

permit appeal are stayed until final

resolution of the local

siting

issue.

That final

resolution includes the exhaustion of

all appeals

in the local siting proceeding.

So that the Board

may be apprised of the progress of the local

siting proceeding.

MCD shall submit

a status report every six months.

Additionally,

MCD shall immediately inform the Board of all

final actions taken

by any reviewing court.

IT

IS SO ORDERED.

R.

Flernal was not present.

I,

Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above Order was adopted

on

the

e~’~~’

day of

______________,

1989, by a vote of

_______

Do

Ill

5

Control Board

97--04