ILLINOIS POLLUTION CONTROL BOARD
November
21, 1985
MCHENRY COUNT~1LANDFILL, INC~,
Petitioner,
PCB 85~192
COUNTY BOARD OF MCHENRY
COUNTY,
ILLINOIS,
Respondent,
and
/\RTHUR
T.
McINTOSH
& CO.,
)
Respondent~Objector
ORDER OF THE BOARD
(by ~
Anderson):
On October
15, 1985,
the McHenry County Landfill,
Inc.
(Landfill)
filed
a petition pursuant to Section 40.1 of
the
Environmental Protection Act (also known as P.A, 82—682 and
SB172)
challenging
the October
15,
1985 decision of the County
Board
of McHenry County,
Illinois
(County) denying site location
suitability approval
for
a new regional pollution control
tacility.
(The County~saction was taken pursuant
to remand
of
this proceeding for further proceedings pursuant
to the 13oard~s
Opinion and Order
in McHenry County Landfill,
Inc.
v.
County
~
PCB 85—56
and PCB 85—61
through PCB
85—66
(consolidated), September 20,
1985.)
A cross appeal was
filed by Arthur T, McIntosh and Co.
on November
21, 1985.
Record Before The County Board
The Board on
its own motion
incorporates the
record of the
prior proceedings
into this action.
As the County has previously
submitted, pursuant to
the Board~sOrder of May 2,
1985
in the
prior dockets,
the record
of the proceedings before
it prior
to
the September 20, 1985
remand,
the Board will not require the
resubmission of multiple copies of
these documents.
The County
Clerk
is therefore directed
to prepare
a document entitled
“Certificate of Record on Appeal” which
shall
list the documents
comprising
the
record,
including those documents
included
in the
County record both before
and after September
20, 1985.
The
Certificate
shall
in some way indicate those documents not
previously submitted to the Board,
Seven copies of
the
certificate
and three copies of any documents not previously
submitted shall
be filed with the Board,
and a copy
of the
certificate
shall
be served upon the petitioners.
These actions
shall
be accomplished within
21 days of
the date of
this Order.
66~447
Section 40.1(a)
provides that
if
there
is no final
action by
the Board within 90 days, petitioner may deem the site location
approved.
The Board
has construed identical “in accordance with the
terms
of”
language contained in Section 40(b)
of
the Act
concerning third-party appeals of
the grant of hazardous waste
landfill permits as giving
the ~
who had received the
permit
a)
the right to a decision within
the applicable statutory
time frame
(now
120 days),
and
b)
the right
to waive
(extend)
the
dec i sion pe riod
( Alliance__for
a
Safe
Environment,
etal_.v.A kron
PCB 80—184, October
30, 1980).
The Board
therefore construes Section 40.1(b)
in like manner, with the
result
that failure
of this Board
to act
in 120 days would allow
respondent to deem the site location approved.
Pursuant
to
Section 105.104
of the Procedural
Rules,
it
is each petitioner~s
responsibility
to pursue
its action,
and
to insist that
a hearing
on
its petition
is timely scheduled
in order
to allow
the Board
to review the record and
to render
its decision within 120 days
of
the filing of
the petition.
Transcription Costs
The issue
of who has
the burden of providing transcription
in Board
site location suitability appeals has been addressed
in
Town
of Ottawa,
et al.
v.
IPCB,
et al., 129
111.
App.
3rd,
472
~
that ease,
the Court
ordered
the Board
to assume transcription costs
(472 N.E. 2d
at
155).
The Supreme Court denied
leave
to appeal on March 14,
1985.
In cognizance
of this ruling,
the Board will provide
for
stenographic transcription of the Board hearing
in this matter.
IT
IS SO ORDERED.
I,
Dorothy
H. Gunn,
Clerk of the Illinois Pollution Control
Board hereby certify that the above Order was adopted on
the
~
day of
~
1985 by
a vote
of
~thy~n~C1erk~
Illinois Pollution Control
Board
86448