ILLINOIS POLLUTION CONTROL BOARD

February 25, 1988

RICK MOORE, ELEANOR MORRIS and

)

LEONARD MORRIS,

Petitioners,

v.

)

PCB 88—24

WAYNE COUNTY BOARD and

)

DAUBS LANDFILL, INC.,

Respondents.

ORDER OF THE BOARD (by B. Forcade):

On February 14, 1988, the Wayne County Board filed a motion

for extension of time to file the record below. That motion is

granted and the Wayne County Board is directed to file the record

not later than March 17, 1988.

In addition, the Board

,

on its own motion, directs the

parties to file briefs on a recent development in this and a

related case. On February 19, 1988, the Fifth District Court of

Appeals rendered an Opinion in Daubs Landfill v. IPCB, et.

al.,(Slip Opinion February 19, 1988), this was an appeal of PCB

86—197 which remands a previous Wayne County landfill siting

decision involving Daubs landfill to this Board for further

consideration. Thus, it would appear the Board may have two

proceedings involving a landfill siting dispute between Wayne

County and Daubs pending at the same time. This raises several

questions for the Board and the Board directs the parties to file

briefs responding to the following questions:

1. Whether these two proceedings involve the same facility,

and if so, what are the differences between the two

proceedings ?

2. Whether the Board has authority to entertain two

proceedings involving the same facility at the same time

?; and

3. If the Board cannot entertain two such proceedings,

which proceeding should be disposed of, and how ?

The parties are directed to file briefs responsive to these

questions not later than March 17, 1988.

IT IS SO ORDERED.

86—4 11

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—2—

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certif

the above Order was adopted on

the~~~day of

____________________,

1988, by a vote

of

___________

~nn, Cleric

Illinois Pollution Control Board

86—412