ILLINOIS POLLUTION CONTROL BOARD

September 11, 1986

WASTE MANAGEMENT OF ILLINOIS,

)

INC,

a Delaware Corporation,

)

)

Petitioner,

)

v.

)

PCB 86—109

)

MCHENRY COUNTY BOARD,

)

)

Respondent.

and

MCHENRY COUNTY CONCERNED

CITIZENS AND MCHENRY COUNTY

)

DEFENDERS,

Cross—Petitioners,

and

MCHENRY COUNTY BOARD AND

)

WASTE MANAGEMENT OF

)

ILLINOIS,

Cross— Respondents.

)

ORDER OF THE BOARD

(by

J.

Anderson):

On August 15,

1986, Waste Management of Illinois, Inc.

(Will)

filed

a motion to dismiss the cross—appeal herein, which motion

is essentially

a motion

to reconsider

the Board’s Order

of August

14,

1986 allowing the cross—appeal to proceed.

No responses have

been received.

The motion

to reconsider

is granted.

Upon reconsideration,

the Board reaffirms its Order

of August 14, 1986.

The Board will

not further comment on its reasoning for allowing cross—

appeals.

However,

the previous Order did not discuss the issue

of the timeliness of the cross—appeal.

As WMI correctly notes,

Supreme Court Rule 303(a) (3) states that a cross—appeal may be

filed

by a party if

a notice of appeal

has been timely filed by

any other party, provided that the cross—appeal

is filed “within

10

days after service upon”

the party seeking

to cross—appeal.

However,

in SB 172 cases,

there are no “parties” designated

at the County level,

and the Act does not require service of an

72.323

---

—2—

appeal

to the Board on all participants at the County hearing.

Indeed,

in this case,

Will’s notice of appeal does not indicate

that

it made service upon the McHenry County Concerned Citizens

and McHenry County Defenders,

and the pleadings do not indicate

on what date, or

how,

these groups

received notification of the

filing of the appeal.

The pleadings do make clear, however, that

the cross—appeal was mailed

14 days after

the

filing of the

appeal.

Under

these circumstances,

in which no undue delay of

notice of the cross—appeal

is evidenced which would prejudice

WMI, the Board will consider the cross—appeal timely filed.

The

cross—appeal may proceed.

IT

IS SO ORDERED.

3.

T.Meyer dissented.

I, Dorothy M.

Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify th

t the

bove Order was adopted on

the

//C7

day of

___________________,

1986 by a vote of-5/

Ill

S

Control Board

72-324