ILLINOIS POLLUTION CONTROL BOARD

April 29, 1982

MILO AND/OR BRADEN M. LAMBERT d/b/a

)

r4AMBERT CONSTRUCTION CO.~,

)

Petitioners,

v.

) PCB 82-47

SALINE COUNTY BOARD,

)

Respondent.

ORDER OF THE BOARD (by 3. Anderson):

This is the first appeal to reach the Board pursuant to

SB 172, P.A. 82—682, of the decision of a county board denying

siting approval to the prospective developer of a solid waste

management site. This appeal has been timely filed, in that

Saline County denied its approval by written decision of March 1’),

1982, and this appeal was filed with the Board April 21, 1982,

the 33rd day after the deei~ior~. The filirkg of this appeal does

however pinpoint a problem which is not specifically addressed

either in SB 172, or in the Board’s existing Procedural Rules.

SB 172, as codified in Section 40.1(a) of the Act, provides

that the hearing before the Board is to “be based exclusiveiy ort

the record before the county board”. The ~tatute does not specif?

who is to file with the Board the record before thp county, or who

is to certify to the completeness or correctness of the record.

Petitioner has, prudently under the circumstances, suhmitte:1 ~

exhibits to the petition materials which he believes to comprise

the “record~ before the Saline County Board. These include:

citizens’ letters (Ex. A), the transcript of a February

2,

t982

public hearing (Ex. B), two proposed site n~apspresented at the

hearing (Ex. C), and a copy of the County’s March 19, 1982 de~iai

letter (Ex, D).

The Board does not question Petitioner’s good faith effort

~i:

compiling the record before the county, particularly in light

of the statutory and regulatory silence on the specifics of this

issue. However, since the record before the county is of para-

mount importance to the Board, as wall as any subsequent revie~iirij

court, the Board cannot allo~~ithis action to proceed to hearing

based

on

the information before it.

46—229

---

2

As the Saline County Board 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 Saline

county 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 County Board Clerk shall also prepare a document entitled

“Certificate of Record On Appeal” which shall list the documenb;

comprising the record. Two copies of the certificate and the

record shall be filed with the Board, and a copy of the certi~i—

cate shall be served upon the petitioner. As these requirements

have not previously been stated, the County Board 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).

The Board reminds the parties that SB 172 provides that “if

there is no final action by the Board within 90 days, petitioner

nay deem the site location approved”. As the Board construes this

provision as allowing for waiver (or extension) of this deadline

only by 2~itioner, delay in the filing of the “record on appeal”

could prejudice respondent. Hearing may be scheduled and noticed

pending the filing of the record, hut it shall in no event be held

until 10 days after the record has been filed with the Board~

IT IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control ~oard, hereby certify that the above Order was ado~tedon

the ~cj’~ day of

_______

~,

1982 by a vote of

~

Illinois Polluti -~ontrol Board

46—230