ILLINOIS POLLUTION CONTROL BOARD
    June 10,
    1987
    GERALD
    CLOTTS AND LEE SIEGFRIED,
    )
    Petitioners,
    )
    vb
    )
    PCB 87—49
    )
    HERMAN Lb BEASLEY,
    )
    )
    Respondent,
    )
    )
    and
    )
    )
    ALEXANDER COUNTY BOARD OF
    )
    COMMISSIONERS,
    )
    )
    Co—Respondentb
    )
    ORDER OF THE BOARD
    (by
    Jb
    Anderson):
    On April 30,
    1987, the Board issued an Order directing the
    Clerk of Alexander County to prepare and
    file the County’s record
    concerning Herman Beasley’s application for site location
    suitability approvaL,
    The County Clerk was also directed to
    prepare and file
    a
    TMCertificate of Record On Appeal”
    listing the
    documents comprising the record,
    Seven copies of the transcript,
    seven copies of the certificate, and three copies of any other
    documents contained
    in the record were due to be filed on or
    before May 21b
    There has been no filing made which responds to the
    requirements of this Order..
    However, on June 10,
    1987, the Board
    received an express mail package containing a single copy of
    miscellaneous documents..
    There was no notice of filing and no
    Certificate of Record signed by the County Clerk.
    Some of these
    documents are captioned PCB 87—49, and are documents which have
    been filed with the Board since
    Mr.. Clutts and Mr.. Siegfried
    filed this appeal:
    the Board does not need additional copies of
    any documents which have been issued by or
    filed with the Board
    since this appeal was
    started..
    What the Board does need
    is the specified number of copies
    of all documents which were filed with the County between the
    time Mr.. Beasley filed his application and the County took its
    vote
    to approve the application on March 19,
    1987..
    While
    it
    would appear
    that some of the loose and unlisted documents the
    Board received on June 10 are indeed part of the County Record,
    some documents are obviously missing, such as the transcript of
    78-397
    —2—
    the County’s public hearing held on January 29 and a copy of the
    County’s Resolution..
    The listing of what documents are included
    in the county record
    is also essential..
    The fact that this filing
    is so late and incomplete causes
    several practical problems..
    Hearing
    is scheduled to commence on
    June 16,
    and this starting date cannot be delayed, to avoid
    jeopardizing the Board’s ability to make its decision within the
    statutory 120 day time period..
    The Board sees only one course of
    action to put this matter back on track..
    The Clerk of the Board
    is directed to return the miscellaneous documents received today
    to the Clerk of Alexander
    County..
    The Clerk of Alexander County
    is ordered to appear at hearing on June 16 with a proper
    Certificate of Record and the required copies of all the
    documents which comprise the County record..
    The Hearing Officer
    shall convene the hearing as scheduled..
    He
    is, however,
    authorized to continue the hearing on the record
    for
    a period of
    no longer
    than
    7 days (absent a waiver
    of the decision deadline
    by
    Mr.. Beasley)
    if such action is necessary to avoid any
    prejudice which may be alleged to result from the County’s late
    fiiing..
    Finally, given the short time periods here involved, the
    Clerk of the Board
    is requested to orally inform the Alexander
    County Clerk and the Hearing Officer
    of the content of this
    Order, and to provide service to the parties by first class as
    well as certified mail..
    The Clerk of the Board
    is also directed
    to provide a sample Certificate of Record to the Alexander County
    Clerk who,
    the Board suggests, might be well advised
    to seek
    advice of counsel to insure that he complies with this Order..
    IT IS SO ORDERED..
    I, Dorothy
    M.. Gunn, Clerk of the Illinois Pollution Control
    Board,J~e-i~ebycertif
    that the above Order
    was adopted on
    the
    ~
    day of
    ____________,
    1987,
    by a vote of
    ~,—O
    Dorothy
    M.. q~ann,Clerk
    Illinois Pollution Control Board
    78-398

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