ILLINOIS POLLUTION CONTROL BOARD
    November 19,
    1981
    ZYX DIXON CORP.,
    Petitioner,
    v.
    )
    PCB 81—167
    tLLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondents
    FINAL
    ORDER OF THE BOARD
    (by J,
    Anderson):
    Lee County’s November 12,
    1981 petition for leave
    to
    intervene is granted.
    The Agency’s November
    10 motion for
    extension of time
    in which to file its Record is granted, said
    Record having been filed on November
    18,
    1981.
    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.”
    The act states that
    “no
    permit for the development or construction of a new regional
    pollution control facility may be granted by the Agency
    unless
    the applicant submits proof
    to the Agency that the location of
    said facility has been approved by the County Board.. ,if
    the
    facility
    is to
    be located in
    an unincorporated area.”
    A “new
    regional pollution control
    facility”
    is one “initially permitted
    for development or construction after July
    1,
    1981.”
    ZYX filed an appeal of permit denial on October
    27,
    1981..
    In its appeal,
    ZYX
    states that the facility
    is located
    in
    unincorporated Lee County, and that
    it anticipates accepting waste
    from facilities
    located in Illinois,
    not necessarily restricted to
    Lee County.
    ZYX first applied for its
    permit
    July 13,
    1981,
    -which
    permit was denied October
    8,
    1981.
    It appears to the Board that,
    consistent with SB
    172,
    a
    permit for this facility cannot be issued without Lee County’s
    approval.
    Of course, at the time of the filing and processing
    of
    this
    permit application,
    neither the applicant nor the Agency
    could have addressed this issue and fulfilled statutory duties
    first defined November
    12,
    1981.
    A determination of the applicability and effect of SB 172
    must be made before this action can proceed.
    The parties are
    therefore directed to brief the issue of the applicability of SB
    172, briefs to be simultaneously
    filed on or before December
    1,
    44—113
    2
    1981.
    This short briefing schedule
    is necessary
    to allow either
    a prompt dismissal of this action,
    or expeditious decision by
    th~
    Board within the statutory
    90 day time period.
    IT
    IS SO ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify
    that the above Order was adopted on
    the
    day of
    J~,
    1981 by a vote of
    ((~~
    ~anLMof~ttj
    ~
    Illinois Pollution co~t~olBoard
    44—114

    Back to top