ILLINOIS POLLUTION CONTROL BOARD
    October 14, 1982
    JESSIE
    Q.
    ABBOTT, et al.,
    )
    Petitioners,
    v
    )
    PCB 82—124
    WASTE MANAGEMENT OF ILLINOIS,
    INC.
    )
    AND THE CITY OF EAST ST. LOUIS,
    )
    )
    Respondents.
    ORDER OF THE BOARD
    (by J.
    Anderson):
    This
    is a third party permit appeal
    filed pursuant to SB
    172.
    Jessie
    0.
    Abbott,
    Alvin Abbott,
    Abra Gray,
    Sr., Edward Powell,
    John C.
    Griffin, James Blevins and Scott Randolph (Abbott et al.)
    are appealing the grant by the City of East St.
    Louis
    (City) for
    approval
    of the site location of a proposed regional sanitary
    landfill
    to be located in the City (and accepting waste generated
    outside the
    City’s
    boundaries)
    pursuant to the City’s joint appli-
    cation with Waste Management of Illinois,
    Inc.
    (Waste Management~,.
    This appeal
    of the City’s September
    7,
    1982 decision was timely
    filed.
    As required by Section 40.1(b) of the Act, the Board finds
    that this matter should proceed to hearing,
    as the petition
    a)
    is
    not duplicitous or frivolous,
    b)
    indicates in Paragraph 6(c) that
    petitioner participated in the August
    17, 1982 public hearing, and
    c)
    recites that the petitioners “own homes and reside in the area
    near the site location”.
    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
    ...municipality”.
    The statute does not
    specify who is to file with the Board the record before the City,
    or who is to certify to the completeness or correctness of the
    record.
    As the City of East St.
    Louis
    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 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
    City Clerk shall also prepare a document entitled “Certificate of
    49-181
    2
    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.
    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).
    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 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 permit (Alliance foraSafe
    Environment, et al. v.
    Akron Land Corp. et al.,
    PCB 80—184,
    October 30, 1980).
    The Board therefore construes Section 40.1(b)
    in a like manner, with the result that failure of the Board to
    act in 90 days would allow respondents to deem the site location
    approved.
    Pursuant to Procedural Rule 504,
    it
    is petitioner’s
    responsibility to pursue this action
    to insist that a hearing on
    its petition is timely scheduled and
    a transcript of that 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
    Contro~1.1koard, hereby ce tify that the above Order was adppted on
    the
    JL/”—
    day of
    _______________,
    1982 by a vote of
    ~
    Christan L.
    Moffe
    lerk
    Illinois Pollution
    ontrol Board
    49-182

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