ILLINOIS POLLUTION CONTROL BOARD
    December
    1,
    1983
    INDUSTRIAL SALVAGE,
    It!.,
    )
    )
    Petitioner,
    )
    )
    V.
    )
    PCB 83—173
    )
    COUNTY
    BOARD
    OF
    MARION
    COUNTY,
    )
    )
    Respondent.
    )
    ORDER OF THE BOARD
    (by
    7. Anderson):
    This appeal was filed November 21, 1983 pursuant to SB 172,
    P.A.
    82—682.
    Industrial Salvage, Inc.
    (Industrial) is appealing
    the November 8,
    1983 decision of the County Board of Marion County
    denying its site location suitability approval for a new regional
    pollution control facility.
    As Industrial inadvertently failed to
    include a copy of the County’s decision, the Board has no details
    on the proposed facility.
    Industrials’s request for an order making the County a
    respondent is denied as unnecessary, as the County has been
    made a respondent by statute.
    The request that the County be
    ordered
    to
    answer
    the
    petition
    is
    also
    denied.
    Board
    practice
    in
    the
    analogous
    area
    of
    Agency
    permit
    denial
    appeals
    is
    not
    to
    require
    an
    answer,
    relying
    instead
    on
    the
    respondent
    party’s
    final briefing of the matter.
    SB 172,
    as codified in Section 40.1(a) of the Act, provides
    that the hearing before the Board is to ‘be based exclusively on
    the record before the county board.’
    The statute does not specify
    y~ is to file with the Board
    the
    record
    before
    the County or who
    is to certify to the completeness or correctness of the record.
    As the Marion County Board alone can verify
    and
    certify
    what
    exactly
    is
    the
    entire
    record
    before
    it,
    in
    the
    interest
    of
    protecting the rights of all parties to this action, and in order
    to satisfy the intention of SB 172, the Board believes that the
    County must
    be
    the
    party
    to
    prepare
    and
    file
    the
    record
    on
    appeal.
    The
    Board
    suggests
    that
    guidance
    in
    so
    doing
    can
    be
    had
    by
    reference
    to
    Section
    105.102(a)(4)
    of
    the Board’s Procedural Rules
    and to Rules 321 through 324 of the Illinois Supreme Court Rules.
    In addition to the actual documents which comprise the record,
    the
    County
    Clerk
    shall
    also
    prepare
    a
    document
    entitled
    ‘Certificate
    of
    Record
    on
    Appeal’
    which
    shall
    list
    the
    documents
    comprising the record.
    Three copies of the certificate and
    three
    of
    the
    record
    shall
    be
    filed
    with
    the
    Board,
    and
    a
    copy
    of the
    55-21
    —2—
    certificate shall be served upon the petitioner.
    As these
    requirements have not previously been applied to the County of
    Marion,
    its Clerk is given 21 days from the date of this Order
    to “prepare, bind and certify the record on appeal”
    (Ill.
    Supreme
    Court,
    Rule 324).
    Section 40.1(b) provides that the petition shall be heard
    “in accordance with the terms of” Section 40.1(a).
    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 respondent who had received the
    permit
    a) the right to a decision within 90 days,
    and b) the
    right to waive
    (extend)
    the decision period
    (Alliance for
    a Safe
    Environment, et al._v.
    Akron Land Corp.
    et al., PCB 80—184,
    October 30,
    1980).
    The Board therefore construes Section 40.1(b)
    in like manner, with the result that failure of the Board to act
    in 90 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, to
    insist that a hearing on its petition is timely scheduled, and
    to insure that a transcript of the hearing
    is timely
    filed with
    the Board in order
    to allow the Board to review the record and to
    render
    its decision within 90 days of the filing of the petition.
    IT
    IS SO ORDERED.
    I,
    Christan L.
    Moffett, Clerk of the Illinois Pollution
    Control B2ard, hereby certify that the above Order was adopted
    on the
    ~
    day of ~O.4-L--\~
    ,
    1983 by a vote of
    7—~
    Christan L.
    Moffe 1~(J~lerk
    Illinois Pollution ‘Control Board
    55-22

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