ILLINOIS POLLUTION CONTROL BOARD
    March
    8,
    1984
    DROWNING—FERRIS INDUSTRIES
    OF ILLINOIS,
    INC.,
    )
    Petitioner,
    )
    v.
    )
    PCB 82—101
    LAKE
    COUNTY
    BOARD
    OF
    SUPERVISORS,
    )
    )
    Respondent,
    )
    and
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Irttervenor.
    ORDER OF THE BOARD
    (by
    J.
    Anderson):
    On December 12,
    1983, the Second District Appellate Court
    issued
    its Opinion and Order
    in
    County of Lake v.
    IPCB,
    120 Ill.
    App.
    3d 89,
    457 N.E.
    2d 1309
    (1983), which Opinion and Order
    were forwarded
    by the Clerk of that Court to the Board on February
    7~
    1984.
    The Court, among other things, remanded to the Board for
    reconsideration Conditions C, E, H, K, and 0 and the second
    sentences of Conditions
    I and N imposed by the County in its site
    location suitability approval, which had been stricken
    by the
    Board on the grounds that the County
    lacked
    jurisdiction to
    impose
    them.
    On February 27,
    1984, Browning-Ferris
    (BFI) moved the Board
    to establish a briefing schedule,
    with BFI to file the opening
    brief.
    On March
    1,
    1984, Lake County filed its response in
    support, but requesting the right to file the opening brief.
    The motion to set a briefing schedule
    is granted.
    As BFI is
    the
    petitioner
    at
    the
    Board
    level,
    who
    bears
    the
    burden
    of
    proof
    pursuant to Section 40.1(a)
    of the Act, BFI is directed to file
    the opening brief on or before April
    9,
    1984.
    Lake County shall
    file its response brief on or before May
    9,
    1984,
    and
    BFI
    shall
    file any reply thereto on or before May 23,
    1984.
    57-13
    —2—
    IT IS SO ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify that the above Opinion and Order
    was adopted on
    the
    5~
    day of
    ,
    1984 by
    a
    vote
    of
    /.~-o
    Christan L. MoffeI~’JClerk
    Illinois Pollution’~ontrolBoard
    57-14

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