ILLINOIS POLLUTION CONTROL BOARD
    January
    9, 1986
    CITY OF COLUMBIA, WALTER BYERLY, JR.,
    )
    BARBARA HEINLEIN,
    DANIEL HEINLEIN;
    )
    HOMER STEMLER AND LORETTA STEMLER,
    )
    )
    Petitioners,
    )
    )
    v.
    )
    PCB 85—177
    )
    and
    COUNTY OF ST. CLAIR AND BROWNING-
    )
    PCB 85-223
    FERRIS INDUSTRIES OF ILLINOIS,
    INC.,
    )
    )
    Respondents.
    )
    BROWNING-FERRIS INDUSTRIES OF
    ILLINOIS,
    INC.3
    )
    )
    Petitioner,
    )
    )
    V.
    )
    PCB 85—220
    )
    (Consolidated)
    COUNTY OF ST.
    CLAIR, ILLINOIS
    )
    )
    Respondent.
    )
    ORDER OF THE BOARD
    (by J. Anderson):
    As noted
    in the Board’s Order of December
    20,
    1985,
    in PCB
    85-477,
    that docket is
    a third party appeal involving BFI’s June
    27,
    1985 request to St. Clair County for site location
    suitability approval pursuant
    to Section 39.2
    for
    a
    new regional
    pollution control facility;
    the issue
    there is whether the
    County’s decision to deny on November 25 was timely made, based
    on whether
    a
    120 or
    a 180 day decision deadline applies.
    PCB 85—220 is BFI’s appeal asserting, alternatively,
    that a)
    the November
    25 denial was untimely and that its request may be
    “deemed approved”,
    b)
    the County’s decision that criteria
    1 and
    2
    were not met was against the manifest weight of the evidence, and
    3)
    the County’s proceedings were fundamentally unfair.
    PCB 85-
    223 is
    a cross appeal by the City and others who assert they had
    participated at
    the County hearings and are situated so as to be
    affected by the proposed facility.
    The subject of their cross
    appeal is whether a)
    the proceedings were fundamentally unfair,
    and b)
    the County’s failure
    to deny on the basis
    of the remaining
    criteria
    was
    against the manifest weight of the evidence.
    These three cases are hereby consolidated.
    The Board
    reiterates
    its intention,
    assuming briefs are timely filed,
    of
    attempting to resolve the issue of whether the 120 vs.
    180 days
    67-447
    -2-
    decision period applies to
    this application as
    a matter of
    statutory construction.
    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
    ~
    day of
    _--~‘-&~,
    ,
    1986,
    by
    a vote
    of
    7-C
    .
    /
    Dorothy M.
    G’unn, Clerk
    Illinois Pollution Control Board
    67-448

    Back to top