ILLINOIS POLLUTION CONTROL BOARD
    April
    29, 1982
    WASTE MANAGEMENT OF ILLINOIS,
    INC.,
    )
    Petitioner,
    V.
    )
    PCB 82—55
    BOARD OF SUPERVISORS OF TAZEWELL COUNTY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by L
    Anderson):
    This is the second of two appeals recently filed pursuant
    to SB
    172,
    P.A. 82—682.
    Waste Management of Illinois,
    Inc. is
    appealing the denial by the Board of Supervisors of Tazewell
    County of site location approval for expansion of an existing
    landfill located in unincorporated T~zewel1Cowity.
    This appeal
    has been timely filed,
    in that Tazewell County denied its approval
    by a final written decision on April
    19,
    1982,
    and this appeal
    was filed with the Board April 23,
    1902, the eighth day after the
    decision.
    The filing of this appeal does however pinpoint a
    problem which is not specifically addressed in either SB
    172, or
    in
    bhe Board 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 exclusively on
    the record before the county board”.
    The statute does not specify
    who is to file with the Board the record before the county, or who
    is to certify to the completeness or correctness of the record.
    Petitioner has, prudently under the circumstances,
    submitted
    materials which it believes to comprise the “record” before the
    Tazeweli County Board.
    These include certain exhibits attached
    to
    the
    petition itself,
    as well as a box appro~imately12”
    X
    12”
    X 24” containing rubber—banded or paper clipped, but unbound,
    copies of county hearing transcripts and exhibits submitted at
    those hearings.
    The Board does not question Petitioner’s good faith effort
    at 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 well as any subsequent reviewing
    court, the Board cannot allow this action to proceed to hearing
    based on the information before it.
    46—243
    2
    As the Tazewell 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
    Tazewell County must be the party to prepare and file the record
    on appeal.
    The Board suggests that guidance i~so doing can b~
    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 documents
    comprising the record.
    Two copies of the certificate and the
    record shall be
    filed with the Board, and a copy of the certifi-
    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
    may deem the site location approved”.
    As the Board construes this
    provision as allowing for waiver
    (or extension)
    of this deadline
    only by petitioner, delay in the filing of the “record on appeal”
    could prejudice respondent.
    Hearing may be scheduled and noticed
    pending the filing of the record, but 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~Board,hereby certify that the above Order was adopted on
    the
    ~4~’
    day of
    ~
    ______,
    1982 by a vote of
    ~S-t~.
    46—244

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