ILLINOIS POLLUTION CONTROL BOARD
    October 14,
    1982
    WASTE MANAGEMENT OF ILLINOIS, INC.,
    Petitioner,
    )
    v.
    )
    PCB 82—119
    LAKE COUNTY BOARD,
    Respondent.
    ORDER OF THE BOARD
    (by J.
    Anderson):
    On October 1,
    1982 Waste Management moved the Board to order
    a) that Lake County clarify its September
    14,
    1982 decision and
    b) that hearing be held within 21 days.
    Lake County filed
    its
    response October 13.
    On October 12,
    1982 the Board also received
    what purports to be the “intervenor Village of Antioch’s response”.
    No petition for leave to intervene has been filed with the Board
    pursuant to Procedural Rule 310.
    As the existing landfill
    (expansion of which into unincorporated Lake County is the subject
    of this appeal)
    is located in Antioch,
    the Board will waive
    this
    procedural defect,
    will grant Antioch
    intervenor’s
    status, and
    will consider the October 12 filing.
    Waste Management has,
    in effect,
    asked the Board either to
    direct Lake County to reconsider its decision,
    or alternatively
    to grant a “summary judgment” prior to hearing.
    A request for
    reconsideration should have been made directly
    to Lake County.
    Once
    a county’s final action has been submitted to the Board for
    review,
    Section 40.1 clearly provides that the Board and the
    parties are bound by the county record,
    including its written
    decision:
    the Board’s review of the county’s action on the merits
    is to take place only after the mandatory public hearing.
    There
    is no statutory provision for a “summary judgment”.
    Waste
    Management’s motion is denied.
    In their filings, the parties have presented arguments
    concerning the applicability of Lambert v. Saline County,
    PCB 82—47,
    September 15,
    1982 to the County Board’s September
    14,
    49-179
    2
    1982 decision.*
    These arguments should be presented at hearing
    or
    in post—hearing briefs for the Board’s consideration with the
    case.
    Waste Management wishes to have hearing expedited because
    the site, which allegedly receives one—third of Lake County’s
    waste, has only about eight months of remaining capacity.
    Lake
    County has requested sixty days to prepare for hearing,
    in part
    because it is obliged to prepare and certify a “voluminous”
    record, which petitioner has stated consists of 2410 pages of
    transcript and 39 exhibits.
    Waste Management’s motion to expedite
    is granted
    in part.
    To insure both that the parties are well prepared for hearing and
    that the Board receives ample time to review a lengthy record,
    hearing shall be scheduled within 15 and held within
    45 days of
    the date of this Order.
    (Thus, hearing
    is then to be held
    no
    later than approximately the 60th day of the
    90 day decision
    period.)
    Petitioner is reminded that, pursuant to Procedural
    Rule 504, transcripts are to be filed within 14 days of the
    completion of hearing;
    delay constitutes
    a
    ~~to
    waiver.
    *Waste Management’s quotation from Lambert, p.
    5 reveals a
    typographical error
    in the certified copy of that Opinion:
    a
    misplaced quotation mark.
    The relevant portions of the sentence
    in question should read
    “(T)he Board wishes to emphasize that Section 39.2(e)
    requires the local officials
    to specify the
    ‘reasons for
    the decision,
    such reasons
    to be in conformance with the
    six criteria’,
    each of which should be separately listed
    and discussed.”
    The “listed and discussed”
    language incorrectly appeared within
    the quotation mark.
    The Clerk is directed to have this error
    corrected.
    IT IS SO ORDERED.
    I, Christan L.
    Moffett, Clerk of the Illinois Pollution
    Control Boa~rd,hereby 9ertify that the above Order was adopted
    on the
    J~’
    day of O-~j~-~~
    ,
    1982 by a vote of
    ,~ ~
    Christan
    L. Moffet~,~)Jerk
    Illinois Pollution Control Board
    49-180

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