ILLINOIS POLLUTION CONTROL

BOARD

November 18,

1983

WATTS TRUCKING SERVICE,

INC.,

Petitioner,

v.

)

PCB 83—167

CITY

OF ROCK ISLAND,

Respondent.

ORDER OF THE BOARD

(by J,

Anderson)::

This appeal was

filed November

15, 1983 pursuant to

P.A.

82—682.

Watt’s

Trucking Service,

Inc.

is appealing the

October

13, 1983 decision

of the City

of Rock Island denying its

site location suitability

approval for

a new regional pollution

control facility Watt’s

proposes to

locate at the intersection

of 2nd Street and 6th Avenue in the City.

The proposed facility

would detoxify and neutralize various hazardous, and special,

non—hazardous liquid

industrial wastes.

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 hoard.

The statute does not specify

who is to

file with the

Board the

record before the City or who

T~

to certify to the

completeness or

correctness of the record.

As the City of Rock

Island 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

City 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 City 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 certificate shall be

served upon the petitioner,

As these

requirements have not

previously been applied

to the City

of Rock Island,

the City 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).

54-391

---

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

~~ondent

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

faliure 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,

Board Members

W.

Forcade and J,

Marlin abstained.

I,

Christari L. Moffett,

Clerk of

the Illinois Pollution

Control Bq:rd, hereby certify that the above Order was adopted

on the

Ml

day of

~

:L983 by a vote of

£~c~

Christan

L. Mo~

,

Clerk

Illinois Polluti

‘Control Board

54-392