ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    December
    3,
    1981
    JOHN
    PRIOR,
    )
    )
    Petitioner,
    )
    )
    V.
    )
    PQ 81165
    )
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    AGENCY,
    )
    )
    Respondent.
    )
    ORDER
    OF
    THE
    BOARD
    (by
    J.
    Anderson):
    On November
    19,
    1981
    the
    Board
    directed
    the
    parties
    to
    this
    action to brief the applicability to and effect of SB 172, P.1.
    82—0682.
    The Agency filed its brief on December 1, 1981.
    In
    lieu of a brief, on November 30 Prior filed a motion to remand the
    appeal to the Agency for a 45
    day
    period
    to allow for
    consLActation
    of the effects of the statute.
    As pçeviously noted, on
    November
    12,
    1981, the Governor
    certified SB 172, P.A. 82—0682,
    ‘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
    t)te
    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.’
    Prior’s permit application was received by the Agency on
    July
    1, 1981
    and
    was
    denied
    September 14, 1981.
    This appeal was
    filed October 22, 1981.
    The solid waste disposal site is to be
    located
    in
    Jefferson County, but anticipates receiving wastes
    from
    counties
    other
    than
    Jefferson
    (Rec. Ex.
    A.
    2
    at
    3).
    SB 172’s
    local approval requirement for a ‘new regional pollution control
    facility’ would then, by its terms, apply
    to
    the
    Prior
    site.
    Prior ‘s
    motion
    for
    remand
    is
    therefore
    denied
    as unnecessary.
    This appeal is hereby dismissed for all
    of
    the
    reasons
    stated
    in
    the
    Board’s
    Order
    today
    in
    Zn
    Dixon
    Corp.
    v.
    IEPA,
    PCB
    81—167.
    The
    Clerk
    is
    directed
    to
    serve
    the
    parties
    with
    a
    copy
    of
    the
    Zn
    Order.
    IT
    IS
    SO
    ORDERED.
    I,
    Christan
    L.
    Moffett,
    Clerk
    of
    the
    Illinois
    Pollution
    Controj.
    Board,
    her
    certify
    that
    the
    above
    Order
    was
    adopted
    on
    the,V’fdayof
    ,1981byavoteof~Q__.
    (mx
    s
    an
    L.
    teti(4tlerk
    Illinois
    Pollution
    Control
    Board
    44—189

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