ILLINOIS POLLUTION CONTROL BOARD
    March 20, 2003
     
    CITY OF KANKAKEE,
     
    Petitioner,
     
    v.
     
    COUNTY OF KANKAKEE, COUNTY
    BOARD OF KANKAKEE, and WASTE
    MANAGEMENT OF ILLINOIS, INC.
     
    Respondents.
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    PCB 03-125
    (Third-Party Pollution Control Facility
    Siting Appeal)
    ______________________________________
     
    MERLIN KARLOCK,
     
    Petitioner,
     
    v.
     
    COUNTY OF KANKAKEE, COUNTY
    BOARD OF KANKAKEE, and WASTE
    MANAGEMENT OF ILLINOIS, INC.
     
    Respondents.
     
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    PCB 03-133
    (Third-Party Pollution Control Facility
    Siting Appeal)
    ______________________________________
     
    MICHAEL WATSON,
     
    Petitioner,
     
    v.
     
    COUNTY OF KANKAKEE, COUNTY
    BOARD OF KANKAKEE, and WASTE
    MANAGEMENT OF ILLINOIS, INC.
     
    Respondents.
     
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    PCB 03-134
    (Third-Party Pollution Control Facility
    Siting Appeal)
    ______________________________________
     
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    KEITH RUNYON,
     
    Petitioner,
     
    v.
     
    COUNTY OF KANKAKEE, COUNTY
    BOARD OF KANKAKEE, and WASTE
    MANAGEMENT OF ILLINOIS, INC.
     
    Respondents.
     
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    PCB 03-135
    (Third-Party Pollution Control Facility
    Siting Appeal)
    ______________________________________
     
    WASTE MANAGEMENT OF ILLINOIS,
    INC.,
     
    Petitioner,
     
    v.
     
    COUNTY OF KANKAKEE,
     
    Respondent.
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    PCB 03-144
    (Pollution Control Facility
    Siting Appeal)
    (Consolidated)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On March 7, 2003, Waste Management of Illinois, Inc. (Waste Management) timely filed
    a petition asking the Board to review a January 31, 2003, decision of the County of Kankakee
    (County).
    See
    415 ILCS 5/40.1(a) (2001); 35 Ill. Adm. Code 107.204. The County granted with
    conditions Waste Management’s application to site a pollution control facility in Kankakee
    County.
     
    Section 40.1(a) of the Environmental Protection Act (Act) (415 ILCS 5/40.1(a) (2002))
    authorizes Waste Management’s appeal to the Board. Waste Management appeals on the
    grounds that conditions 2(h) and 2(x) of the siting approval are not reasonable and necessary to
    accomplish the purposes of Section 39.2 of the Act (415 ILCS 5/39.2 (2002)) and are not
    supported by the record. Waste Management’s petition meets the content requirements of 35 Ill.
    Adm. Code 107.208. The Board accepts the petition for hearing.
     
    Waste Management has the burden of proof. 415 ILCS 5/40.1(a) (2002);
    see also
    35 Ill.
    Adm. Code 105.506. Hearings will be based exclusively on the record before County. 415 ILCS
    5/40.1(a) (2002). Hearings will be scheduled and completed in a timely manner, consistent with
    the decision deadline (
    see
    415 ILCS 5/40.1(a) (2002)), which only Waste Management may
    extend by waiver (35 Ill. Adm. Code 107.504;
    see
     
    also
    35 Ill. Adm. Code 101.308). If the Board
     
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    fails to take final action by the decision deadline, Waste Management “may deem the site
    location approved.” 415 ILCS 5/40.1(a) (2002). The decision deadline for ruling on this petition
    is July 5, 2003 (the 120th day after March 7, 2003).
    See
    35 Ill. Adm. Code 107.504. The Board
    meeting immediately before the decision deadline is scheduled for June 19, 2003.
     
    On March 6, 2003, the Board accepted for hearing four third-party appeals of the siting
    approval by the County. The Board on its own motion consolidated those cases. The Board also
    consolidates this case with those for the purposes of hearing. At this time the decision deadline
    in the consolidated cases is June 25, 2003, absent a waiver by Waste Management. The Board
    will proceed with all the cases using the June 25, 2003 decision deadline.
     
    On March 7, 2003, Michael Watson and Keith Runyon filed amended petitions and on
    March 14, 2003, Michael Watson filed an exhibit to the amended petition. The Board accepts
    those amended petitions.
     
    The County has already been directed to file the record in this proceeding and the matter
    has already been set for hearing. The hearing officer shall proceed as previously directed.
     
    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 20, 2003, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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