ILLINOIS POLLUTION CONTROL BOARD

September 23, 1983

TOWN OF OTTAWA,

Petitioner,

V.

)

PCB 83—135

LA SALLE COUNTY BOARD &

STATES LAND IMPROVEMENT

CORP.,

Respondents.

VILLAGE OF NAPLATE,

Petitioner,

V.

)

PCB 83—136

LA SALLE COUNTY BOARD &

)

STATES LAND IMPROVEMENT

CORP.,

Respondents.

ORDER OF THE BOARD

(by J. Anderson):

These actions are third party appeals filed pursuant to P.A.

82—682

(SB172)~

By separate filings on

September 16,

1982,

the Town of Ottawa

(Town) and the Village of Naplate

(Village)

each are appealing the resolution of the LaSalle County Board

(LaSalle) adopted August 15,

1983 as amended September 12,

1983 granting site location suitability approval

to States Land

Improvement Corporation to construct a new regional pollution

control facility to accept,

handle,

and dispose of municipal

waste and non hazardous special waste

in an unincorporated area

of Ottawa Towship,

Each appeal of the County~sdecision was timely filed.

As

required by Section 40.1(b) of the Act,

the Board finds that each

matter should proceed to hearing, as each petition is

a)

not

duplicitous

or frivolous,

h)

indicates that the municipality

participated

in the County~spublic hearing, and c)

indicates that

the municipality is located adjacent

to and would be affected by

the facility.

As each action involves the same County decision concerning

the same facility,

the Board on its own motion consolidates

these

cases

for the purpose of hearing.

54-123

---

—2--

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

who

is to file

with

the Board the record before the County

or who

isto

certify to the completeness or correctness of the

record.

As

the LaSalle 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

LaSalle 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 Rule 502(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 Board Clerk shall also prepare a document entitled

“Certificate of Record on Appeal” which shall

list the documents

comprising the record,

Two copies of the certificate and the

record

shall

be filed with the Board,

and a copy of the certif

i—

cate

shall

be served upon the petitioner.

As these requirements

have

not previously been applied to LaSalle County,

the County

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

t:erms

of” language contained in Section 40(b)

of the Act con-

cerning third~partyappeals of the grant of hazardous waste

landfill permits as giving the

~g~ent

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

Environ~p

et ~

PCB

80—184,

Oct.

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 Procedural

Rule 504,

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.

54-124

---

-.3—

I Christan

L.

Moffett, Clerk of the Illinois Pollution

Control Bo~d, hereby ce tify that the above Order was adopted

on the

~3”

day of __________‘~~J1983by a vote of

~S~-o.

I’

Christan L.

Moffqt

flClerk

Illinois Pollution ~6ntrol Board