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Fax:

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Friday, May 09,

2003

CLERR~5

OFFICE

Illinois Pollution Control

Board

-~

4

2003

100

W. Randolph

St.

STATE OF ILLINOIS

Suite

11-500

PollutIon Control Board

Chicago, Ii 60601

Attention Ms. Dorthy M.

Gunn

Re: #PCB 03-210, Objection to Petition for Hearing To Contest Site Location Approval

Dear Ms. Guim:

We are requesting dismissal ofthe petition submitted by the Solid Waste Agency of

Northern Cook County. We ask for this dismissal based

on the following two items:

Item #1

—

In SWANCC’s petition item

#7, they quote section 107.204 ofthe Board’s

procedural rules governing siting appeals. They failed to quote the next sentence of the

section, which specifically addresses the issue at hand.

.

“Pursuant to Section 39.2(e) of

the Act, action includesfailure ofthe governing body to act within 180 days after

receiving a requestfor siting approval”

Section

39.2 ofthe Act states

“Ifthere is no final action by the county boardor

governing body ofthe municipality within

180 days afterfiling ofthe requestfor site

approval

the applicant may deem the request approved.”

Therefore, the City of

DesPlaines had

until February 4,2003

(180 days after the August 5,2002

application date)

to approve our request, otherwise the request is

deemed approved. The application was

approved by default on February 4,

2003. Since the approval was by default, there was

not an official written decision prepared by the City of DesPlaines.

Section 40.1(b) ofthe Environmental Protection Act states

“applicant who participated

in thepublic hearing conducted by the county board or governing body ofthe

municipality maypetition

the board within 35 daysfor

a hearing to

contest the

approval.”

SWANCC had 35

days to

file their petition from

2/4/2003. Thirty-five days

from February 4,2003

is March

11,2003.

SWANCC’s petition was filed on April 29,

2003, 49

days late, and is thus

untimely and should be

dismissed. The City ofDesPlaines

did approve our request on February 18, 2003. This action was a mere formality since

default approval occurred February 4,2002.

Printed on 100

recycled paper

---

Item #2

—

Section 40.1(b2) ofthe Environmental Protection Act states that the Board

does not need to hear the appeal if “the petitioner is

so located as to not be affected by the

proposed facility.” SWANCC’s transfer station facility is located

4.5

miles away,

as the

crowflies, and six miles by road, from the DMS

facility. We do not see how our facility

could affect SWANCC’s facility, which handles mainly municipal garbage. Our facility

handles only construction and demolition waste.

Based on the appeal being untimelyand

SWANCC not being affected by our facility, we

respectfully ask, this request for appeal be denied by the Board.

~

e Anderson

President

---

b)

Where the interests ofthe public would be

served, the Board or hearing officer

may allow intervention by the Attorney General or the State’s Attorney ofthe

county in which the facility will be located.

a)

Filing.

The petition for review must be filed with the Clerk ofthe Board in

accordance with the filing requirements contained in the Board’s general

procedural rules, found at 35

Ill. Adm. Code 10l.Subpart C and

Section 107.208

ofthis Part.

b)

Service.

The petition for review must be served upon all parties in accordance

with the Board’s service requirements contained in the Board’s general procedural

rules, found at 35

Ill. Adm.

Code 10l.Subpart C.

Section

107.208

Petition Content Requirements

In addition to the requirements of 35

Ill. Adm.

Code

101 .Subpart C the petition must also

include:

a)

A copy of the local

siting authority~swritten decision or ordinance;

b)

A statement as to how the filing party is a proper petitioner under Section

107.200

ofthis Part; and

c)

In accordance with Section 39.2 ofthe Act, a specification ofthe grounds for the

appeal, including any allegations for fundamental unfairness or any manner in

which the decision as to particular criteria is against the manifest weight of the

evidence.

Section

107.300

SUBPART C:

FILING OF LOCAL RECORD

Record

Pursuant to

Sections 39.2 and 40.1

of the Act, the siting authority must compile a complete

record ofits proceedings.

Time for Filing Petition

A petition for review must be filed within 35 days after the local siting authority’s action to

approve or disapprove siting.

Action means the local

—“--

-—

-------

~‘

-

-

or denying local sil

Section 107.206

Filing and Service Requirements

~—~f

---

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