ILLINOIS POLLUTION CONTROL BOARD
    March 18, 1999
    LAND AND LAKES COMPANY,
    Petitioner,
    v.
    RANDOLPH COUNTY BOARD of
    COMMISSIONERS,
    Respondent.
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    PCB 99-69
    (Pollution Control Facility
    Siting Appeal)
    ORDER OF THE BOARD (by G.T. Girard):
    On February 24, 1999, a motion to intervene in this pollution control facility siting
    appeal was filed on behalf of Kenneth Heine and Dora Spinney. On March 8, 1999, a
    response in opposition to the motion to intervene was filed by respondent. For the reasons
    discussed below the motion is denied.
    Section 40.1 of the Environmental Protection Act (415 ILCS 5/40.1 (1996)) (Act)
    allows only the applicant to appeal a decision denying siting of a pollution control facility. A
    third-party may appeal a decision granting siting to a facility under subsection (b) of Section
    40.1 of the Act. The courts have interpreted this statute to preclude a third party from seeking
    review of a decision denying siting for a facility. See,
    e.g.
    , Waste Management of Illinois
    Inc. v. IPCB, 160 Ill. App. 3d 434; 513 N.E. 2d 592 (2d Dist. 1987) and cases cited therein.
    Similarly, the Board has previously found that allowing a third-party to intervene would be
    granting party status to someone who does not have party status under Section 40.1 of the Act.
    415 ILCS 5/40.1; and see Land and Lakes Company v. Village of Romeoville (September 1,
    1994), PCB 94-195.
    The Board has allowed intervention by a state’s attorney. However, that intervention
    was allowed based on the state’s attorney’s analogous rights and duties to the Attorney
    General, so that a state’s attorney may intervene to represent the public interest. Land and
    Lakes Company v. Village of Romeoville (September 1, 1994), PCB 94-195; Land and Lakes
    Company v. Illinois Pollution Control Board, 245 Ill. App. 3d 631, 616 N.E.2d 349 (3d Dist.
    1993).
    In prior cases, the Board has denied intervention where the applicant is seeking review
    of a decision denying siting. However, the Board has allowed movants to participate as an
    amicus curiae
    . See, Material Recovery Corporation v. Village of Lake in the Hills (March 11,
    1993), PCB 93-11; Clean Quality Resources Inc. v. Marion County Board (February 28,
    1991), PCB 90-216; Laidlaw Waste Systems v. McHenry County Board (June 16, 1988) PCB
    88-27; and Waste Hauling, Inc. v. Macon County Board (January 23, 1992), PCB 91-233.
    2
    The Board therefore, denies the motion to intervene but the movants may participate as
    amici
    curiae
    .
    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 18th day of March 1999 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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