ILLINOIS POLLUTION CONTROL BOARD

January

8,

1987

LEE R. SIEGFRIED,

Petitioner,

v.

)

PCB 86—192

HERMAN L. BEASLEY and ALEXANDER

COUNTY BOARD OF COMMISSIONERS,

)

Respondents.

ORDER OF THE BOARD

(by B.

Forcade):

This matter comes

to

the Board on

a November 5,

1986,

petition to contest site—location suitability approval granted to

Herman L. Beasley by the Alexander County Board

of Commissioners

(“Alexander County Board”).

Hearing was held December

29,

1986,

at which

time

a stipulation signed

by all parties was submitted

to the Board.

The stipulation calls

for

the October

2,

1986,

decision of

the Alexander County Board

to be vacated and the application of

Herman Beasley to be remanded

to the Alexander County Board.

The

Board accepts those portions of the stipulation where the parties

agree that the October

2,

1986,

decision of the Alexander County

Board be vacated,

that this matter be remanded

to the Alexander

County Board

for appropriate action,

and that all further

proceedings be

in strict compliance with Section 39.2 of the

Environmental Protection Act

(uActH).

Any subsequent siting

decisions concerning this landfill will be appealable in a

separate and new proceeding before this Board.

To the extent that the stipulation may be construed as

establishing

a hearing date (in paragraph 4)

which may be

inconsistent with the requirements of Section 39.2(d),

that

paragraph

is not accepted.

The Board cannot, by accepting

this

stipulation, relieve the applicant or the County Board

of any

of

the statutory application,

notice and hearing requirements.

Any

future requests for site—location suitability approval must be in

complete accord with Section 39.2.

The parties to the

stipulation are particularly directed

to the notice provisions

for application and hearing which must be strictly followed

in

order

to vest the County Board,

and this Board, with jurisdiction

in this matter.

See The Kane County Defenders,

Inc.3 et al.

v.

The Pollution Control Board,

et al., 487 N.E.2d

743

(1985)

and

MIG Investments,

Inc.

and United Bank

of Illinois

v.

EPA and PCB,

No.

2—85—734

(2nd fist.

October

15,

1986).

74-423

---

—2--

As the October

2,

1986, decision of the Alexander County

Board of Commissioners

is vacated by stipulation of the parties;

there

is no longer

a reviewable County Board siting decision

before this Board.

Therefore,

this matter

is dismissed.

IT IS SO ORDERED.

I, Dorothy

M.

Gunn, Clerk

of the Illinois Pollution Control

Board,

hereby certi~ythat the above Order was adopted on

the

~

day of

______________,

1987,

by

a vote of

—

C-,

Dorothy M.

G~inn,Clerk

Illinois Pollution Control Board

74.424