ILLINOIS POLLUTION CONTROL BOARD

December 17, 1987

JOHN STARK,

)

Petitioner,

V.

)

PCB 87—195

COOK COUNTY BOARD OF

)

COMMISSIONERS and

NORTHWEST MUNICIPAL

)

CONFERENCE,

)

Respondent.

ORDER OF THE BOARD (by J. Theodore Meyer):

On December 14, 1987, petitioner John Stark filed a

“petition for review” of the approval of site location of a new

regional pollution control facility to be located in

unincorporated Cook County near the Village of Bartlett. This

facility is commonly known as the “Bartlett balefill”. On

November 16, 1987, after public hearings had been held,

respondent Cook County Board of Commissioners approved the site

location of the proposed balefill, and granted a special use

permit to respondent Northwest Municipal Conference for the

construction and operation of the balefill.

The instant petition for review states that it is filed

pursuant to Section 40.1(b) of the Environmental Protection Act

(Act), Ill. Rev. Stat. 1985, ch. 1111/2 par. 1040.1(b), and alleges

that the site approval was in violation of one or more of the

seven criteria set forth in Section 39.2(a) of the Act. Ill.

Rev. Stat. 1985, ch. 1111/2, par. 1039.2(a). Section 39.2 contains

the exclusive procedures by which a county board or governing

body of a municipality may review the site location suitability

of a proposed new regional pollution control facility. Section

40.1(b) provides for third party appeal to the Board of a grant

of approval under Section 39.2. Petitioner contends that

approval of the site by respondent Cook County Board of

Commissioners violated two specific criteria of Section

39.2(a): whether the plan of operations is designed to minimize

dangers from fire, spills, or other operational accidents, and

whether the facility is designed, located, and proposed to be

operated so that the public health, safety, and welfare are

protected. Petitioner also alleges that respondent Northwest

Municipal Conference failed to comply with the notice

requirements of Section 39.2(b).

84—669

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—2—

Petitioner apparently fails to realize that Section 39.2

does not apply to Cook County. Section~39.2(h) provides:

Nothing in this Section shall apply to

any existing or new regional pollution

control facility located within an

unincorporated area of any county having

a population of over 3,000,000 or within

the corporate limits of cities or

municipalities with a population of over

1,000,000. Ill. Rev. Stat. 1985, ch.

ilJ~-h~par. 1039.2(h).

Cook County has a population of over 3,000,000, and thus is not

bound by Section 39.2. Section 40.1(b), under which petitioner

seeks review, requires that this Board hear a petition for review

unless the Board determines that such petition is frivolous or

duplicitous. The Board has interpreted filings to be frivolous

if beyond the scope of the Board’s authority. Section 39.2

clearly does not apply to Cook County, and thus the Board has no

authority under Section 40.1(b) to review the site location

approval by respondent Cook County Board of Commissioners.

Because this petition is so clearly outside the Board’s

jurisdiction, and to conserve the scarce resources of the Board

and the parties, no hearing will be held. Therefore, the instant

petition is dismissed as beyond the scope of the Board’s

authority.

IT IS SO ORDERED.

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

Board, hereby certify that the above Order was adopted on

the /7~day of ~

,

1987, by a vote of

_________

Dorothy 14. ,Gunn, Clerk

Illinois Pollution Control ~Board

84—670