ILLINOIS POLLUTION CONTROL BOARD

March 22,

1985

BOARD OF TRUSTEES OF CASNER

TOWNSHIP, JEFFERSON COUNTY

)

ILLINOIS; CITIZENS AGAINST

)

WOODLAWN AREA LANDFILLS;

)

CYNTHIA CARPENTER; ERNEST

)

CARPENTER;

HATIE HALL;

BYRON

KIRKLAND; PATRICIA KIRKLAND;

)

PEG O’DANIELL; RONALD

)

O’DANIELL;

DENNIS SHROYER;

)

and PATRICIA SHROYER,

)

Petitioners,

V.

)

PCB 84—175

COUNTY OF JEFFERSON and

)

SOUTHERN ILLINOIS LANDFILL

)

INC.,

Respondents.

JOHN PRIOR,

Petitioner,

)

v.

)

PCB 84—176

(Consolidated)

COUNTY OF JEFFERSON and

SOUTHERN ILLINOIS LANDFILL,

INC.,

Respondents.

ORDER OF THE BOARD

(by J. Anderson):

This matter comes before the Board on petitions filed

November 29,1984, and December

3,

1984,

involving an application

by Southern Illinois Landfill,

Inc.

(“Southern”), pursuant

to

Section 39.2 of the Environmental Protection Act,

for

site

suitability for

a proposed regional pollution control facility

(“RPCF”) made

to the Jefferson County Board (“County Board”).

Due to a deadlock

of

the County Board resulting

in failure

by the County to grant or to deny approval within 120 days

of the

filing of Southern’s application, pursuant to Section 39.2(e)

Southern was allowed

to “deem the request approved.”

upon review of the County’s proceedings

in this matter,

the

Board has determined

that certain procedural

irregularities at

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hearing

rendered the County’s proceedings “fundamentally unfair”

pursuant to Section 40.1.

The Board therefore finds

that the

applicant may no longer “deem the request approved” pursuant

to

Section 39.2(e),

and the application

is remanded

to the County

for further proceedings consistent with the Board’s Opinion

in

this matter.

No Opinion accompanies

this Order, due

to the Board’s

inability to reach

a consensus on the Opinion today.

The Board

anticipates issuance of an Opinion on April

4, 1985.

All motions pending before the Board not previously disposed

of are denied.

IT IS SO ORDERED

B.

Forcade and J.

T.

Meyer dissented.

I, Dorothy M.

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

~

,~

~.

~

Dorothy

M. Gunn,

Clerk

Illinois Pollution Control Board

63-236