ILLINOIS POLLUTION CONTROL BOARD
November
19,
1981
JO~1NPRIOR,
Petitioner,
v.
)
PCB 81~165
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD
(by J.
Anderson):
On November 12,
1981, the Governor signed SB
172,
P.A.
82-06—82,
“An Act relating to the location of sanitary landfills
and
hazardous
waste disposal sites.”
A determination of the
applicability and effect of
SB 172 must
be
made before
this
action
can proceed.
John Prior filed this appeal
of permit denial to develop a
solid waste disposal
landfill on October
22,
1981.
Prior’s permit
application was received by the Agency July
1,
1981, and was
denied September 14,
1981.
In his appeal and November
2,
1981
Motion for Summary Disposition, Prior indicates that the landfill
is
to be located in Jefferson County.
As the Agency has not yet
filed the record in this action,
it is unclear whether or not it
involves a regional pollution control facility as defined in
Section 3(t)
as newly amended by SB
172.
The parties are therefore directed to brief
the issue of the
applicability and effect of SB
172, briefs to be simultaneously
filed on or before December
1,
1981.
This short briefing schedule
is necessary to allow either
a prompt dismissal
of this action,
or
expeditious decision by the Board within the statutory 90 day
time period.
IT
IS SO ORDERED.
I,
Christan L. Moffett, Clerk of the Illinois Pollution
Control Board,
hereby certi~ythat the above Order was adopted on
the
day
of
~
1981
by
a
vote
of
~
Christan
L,
Moffet,t,/Clerk
Illinois Pollutioñ—~-dntrolBoard
44—ill