ILLINOIS POLLUTION CONTROL BOARD
    December
    3,
    1981
    AMERICAN FLY ASH CO..,
    et al.,
    Petitioner,
    v.
    )
    PCB 81—188
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    Respondent,
    ORDER OF THE BOARD
    (by J,
    Anderson):
    This appeal,
    filed December
    1,
    1981, contests
    a condition
    of
    a developmental permit for a solid waste disposal site to be
    located in Tazewell County,
    This permit was issued by the Agency
    on October 27,
    1981.
    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 the location of
    said facility has been approved by the County Board....if
    (the
    facility is to be located in
    an unincirporated area.”
    A “new
    regional pollution control
    facility”
    is one “initially permitted
    for development or construction after July
    1,
    1981.”
    Paragraph
    9 and Exhibit B to this appeal indicate that the
    parties have had some question concerning the effect and appli-
    cability
    of SB 172,
    as the grant of this permit falls into the
    “gap” between July
    1,
    1981 and November
    12,
    1981.
    Specifically,
    petitioner questions the lawfulness of the issuance of this permit.
    The Board has held that SB
    172 mandates certification of
    local approval prior to issuance of permits for
    “new regional
    pollution control facilities” not only applied for after July
    1,
    1981, but also denied by the Agency after that date.
    Two permit
    denial appeals were accordingly dismissed
    ZYX
    Dixon Corp.
    v.
    IEPA,
    PCB 81—167 and Prior v. IEPA,
    PCB 81—165
    (December 3,
    1981).
    Particularly as the time for the filing of the Agency
    Record in this action has not run, this appeal on its face poses
    questions of fact and law concerning SB 172’s relation to this
    action.
    The Board directs the parties in this action to brief
    the applicability and effect of
    SB 172 on this action, particu-
    larly in light of the Board’s holdings today
    in ZYX and Prior.
    44—199
    2
    These briefs should be filed on or before December 15.
    This
    short briefing schedule is deemed necessary in order to alter-
    natively allow for
    a prompt dismissal
    of this action and any
    subsequent appeal,
    or an expeditious hearing and prompt decision
    by the Board within the statutory
    90 day deadline.
    The Clerk is directed to serve the parties with copies of
    the ZYX and Prior orders.
    IT IS SO ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby pertify that the above Order was adopted on
    the
    ~
    day of
    ~-4--~---~
    ,
    1981 by a vote of ~o
    Christan L. Moffet~),’~)lerk
    Illinois Pollution(-Cô~trolBoard
    44—200

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