ILLI~DIS P3LLUTI3’~C3~TROL B3~RD

October 15, 1987

WASTE ~AGEMENT OF ILLINOIS,

INC., a Delaware Corporation,

Petitioners,

v.

)

PCB 87—75

LAKE COUNTY BOARD,

)

Respondent.

ORDER DE T.~1E 3Y~J (by R.C. Elen~1):

On October 1, 1987, A.R.F. Landfill Corporation (“A.R.F.”)

filed a motion entitled Motion to Dismiss Waste Management’s

Appeal for Improper Notice, Lack of Property Interest, and Lack

of Jurisdiction. On October 9, 1937, Waste Management of

Illinois, Inc. filed its Motion to Strike .R.F.’s Motion to

Dismiss.

?ursua-it to Board Order of July 15, 1987, ~.R.F. was not

conferred status as a party or intervenor in this proceeding.

Rather, ~.R.F. was allowed to ao’oear and oarticiDate at. h~aring

as an interested person, whose appearance was limited solely to

the orovisions of Sections 40.1(a), 32, and 33(a) of the

Environmental Protection Act. The above provisions were intended

to offer the public and interested persons opoortunity to

participate through testimony and/or written statements, and were

not intended to allow the oublic or interested persons to

participate through motion practice, discovery procedures, the

filing of briefs, or any of the other activities which are

generally reserved for persons who have status as parties. Since

~.R.E. is not a party to this oroceeding, it does not have

standing to move for dismissal of the appeal at issue in this

matter. Therefore, the Board will not consider A.R.F.’s Motion

to Dismiss Waste Management’s Appeal for Improoer Notice, Lack of

Prooerty Interest, and Lack of Jurisdiction from the record.

IT IS SO ORDERED.

Board Member 3. Theodore Meyer concurred.

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

Board, hereby certify that the above Order was adopted on the

/5~- day of

~

,

1987, by a vote of

~

Dorothy M. ‘Gunn, Clerk

Illinois Pollution Control

Board

82—277