ILLINOIS POLLUTION CONTROL BOARD

April 16,

1987

PETER VALESSARES AND

)

EDWARD

F. HElL,

)

Petitioners,

v.

)

PCB 87—36

THE COUNTY BOARD OF KANE COUNTY

)

AND WASTE MANAGEMENT OF

)

ILLINOIS, INC.

Respondents.

ORDER OF THE BOARD (by

Bb

Forcade):

On April

7,

1987, Respondent Waste Management of Illinois,

Inc.

(“WMI”)

filed

a motion to dismiss the Petition for Review

filed by Peter Valessares

(“Valessares”)

and Edward

F.

Heil

(“Heil”)

for the reason that neither petitioner complies with the

standing requirements set forth

in Section 40.1(b)

of the

Illinois Environmental Protection

Act,,

Petitioners Valessares

and Heil responded to the motion

to dismiss on April

15,

1987.

Because the Board’s decision on this motion could result

in final

disposition of the case we believe

it

is appropriate

to request

briefs on the issues raised

in the motion to dismiss.

The

parties have until April

27,

1987,

to, file simultaneous briefs on

the

following issues:

1)

Whether Heil “participated”

in the county level

proceedings in a manner that confers standing

to appeal

the local decision,

and

2)

Whether Valessares

is “so located as to not be

affected by the proposed facility”.

Additionally, the general standing issue should

be

addressed

in light of McHenry County Landfill,

Inc.

v

IEPA,

et

al.,, Nos

2—86—265 and 2—86—369

(2nd Dist.,

filed March 30,

1987).

During

the pendency of the briefing

and Board disposition of

the motion to dismiss,

discovery and hearing should continue as

scheduled,,

IT IS SO ORDERED.

Board Member

J, Theodore Meyer dissented.

77.178

---

—2—

I, Dorothy M.

Gunn, Clerk of the Illinois Pollution Control

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

~

day of

__________________,

1987, by a vote of

~7.

Dorothy M. Aunn,

Clerk

Illinois Pollution Control Board

77-179