ILLINOIS POLLUTION CONTROL BOARD
March 6, 2003
GERE PROPERTIES, INC.,
Petitioner,
v.
JACKSON COUNTY BOARD and
SOUTHERN ILLINOIS REGIONAL
LANDFILL, INC.,
Respondents.
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PCB 02-201
(Third-Party Pollution Control Facility
Siting Appeal)
ORDER OF THE BOARD (by T.E. Johnson):
The Fifth District of the Illinois Appellate Court has remanded to the Board a motion to
supplement the record on appeal in Gere Properties, Inc. v. Illinois Pollution Control Board,
Jackson County Board, and Southern Illinois Regional Landfill, Inc., No. 5-02-0700. For the
reasons below, the Board grants the motion and directs the Clerk of the Board to certify and
transmit to the court the supplemental record.
By way of background, the Board affirmed the decision of the Jackson County Board
(Jackson County) to approve the siting of Southern Illinois Regional Landfill, Inc.’s proposed
landfill expansion.
See
Gere Properties, Inc. v. Jackson County Board and Southern Illinois
Regional Landfill, Inc., PCB 02-201 (Sept. 5, 2002). Gere Properties, Inc. (Gere) had filed a
third-party petition with the Board challenging Jackson County’s decision on one of the nine
landfill siting criteria specified in the Environmental Protection Act (415 ILCS 5/39.2(a), 40.1(b)
(2002)). After the Board affirmed Jackson County’s siting approval, Gere appealed the Board’s
decision to the appellate court.
On January 23, 2003, Gere filed with the court a motion to supplement the record on
appeal. On February 18, 2003, the Board received from the court a February 14, 2003 order of
the court and a copy of Gere’s motion. By the order, the court remanded the motion to the Board
for the Board to rule on the motion under Supreme Court Rule 329, which allows for omissions
or inaccuracies in records on appeal to be corrected.
In its motion to supplement the record on appeal, Gere states that various pages from
Jackson County’s siting proceeding record are either not present in, or not clearly reproduced in,
the record on appeal. Motion at 1. Gere asks that the record on appeal be supplemented with
copies of the missing pages and clear copies of the illegible pages, which supplemental pages
Gere identifies in and attaches to its motion.
Id.
at 2-3. Gere further states that it cited to some
of these supplemental pages in its opening brief filed with the court.
Id.
at 1. No response to the
motion has been filed either with the court or the Board.
2
The Board grants Gere’s motion to supplement the record on appeal. In accordance with
Supreme Court Rule 329, the Board directs the Clerk of the Board to certify and transmit to the
court, as a supplemental record, those pages identified in and attached to Gere’s motion.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on March 6, 2003, by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board