ILLINOIS POLLUTION CONTROL BOARD
    June 5. 2003
     
    ROCHELLE WASTE DISPOSAL, L.L.C.,
     
    Petitioner,
     
    v.
     
    CITY COUNCIL OF THE CITY OF
    ROCHELLE, ILLINOIS,
     
    Respondent.
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    PCB 03-218
    (Pollution Control Facility
    Siting Appeal)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On May 21, 2003, Rochelle Waste Disposal, L.L.C. (Rochelle Waste Disposal) timely
    filed a petition asking the Board to review an April 24, 2003 decision (as allegedly reconsidered
    on April 28, 2003) of the City Council of the City of Rochelle, Illinois (City of Rochelle). City
    of Rochelle’s decision denied Rochelle Waste Disposal’s proposed siting of a pollution control
    facility: lateral and vertical expansion of the Rochelle Municipal Landfill No. 2 at 6513 South
    Mulford Road, Rochelle, Ogle County. For the reasons below, the Board accepts Rochelle
    Waste Disposal’s petition for hearing.
     
    Under the Environmental Protection Act (Act) (415 ILCS 5/1
    et seq.
    (2002)), before the
    Illinois Environmental Protection Agency can issue a permit to develop or construct a new or
    expanding pollution control facility, the permit applicant must obtain siting approval for the
    proposed facility from the local government (
    i.e.
    , the county board if in an unincorporated area
    or the governing body of the municipality if in an incorporated area). If the local government
    denies siting or approves siting with conditions, the siting applicant may appeal the local
    government’s decision to the Board.
    See
    415 ILCS 5/39(c), 40.1(a) (2002); 35 Ill. Adm. Code
    107.
     
    In this case, the City of Rochelle denied Rochelle Waste Disposal’s application for lateral
    and vertical expansion of the Rochelle Municipal Landfill No. 2. Rochelle Waste Disposal
    appeals on the grounds that (1) the procedures used by City of Rochelle to reach its siting
    decision were not fundamentally fair; and (2) the City of Rochelle’s decision was against the
    manifest weight of the evidence as to criteria (i), (ii), (iii), (vi), and (ix). As to the remaining
    criteria, Rochelle Waste Disposal also seeks to challenge special conditions that the City of
    Rochelle included as part of its finding of compliance with these remaining criteria. Rochelle
    Waste Disposal’s petition meets the content requirements of 35 Ill. Adm. Code 107.208.
     
    The Board accepts the petition for hearing. Rochelle Waste Disposal 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 City of Rochelle. Accordingly, though the Board hearing
    affords petitioner the opportunity to challenge the local government’s reasons for its decision,
     
    2
    information developed after the local government’s decision typically is not admitted at hearing
    or considered by the Board. However, if relevant, evidence may be introduced on (1) the local
    government’s jurisdiction over the siting application and (2) the fundamental fairness of the
    procedures used by the local government in reaching its decision.
    See
    415 ILCS 5/40.1(a)
    (2002); Land & Lakes v. PCB, 319 Ill. App. 3d 41, 48, 743 N.E.2d 188, 194 (3d Dist. 2000).
     
    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 Rochelle Waste Disposal may
    extend by waiver.
    See
    35 Ill. Adm. Code 107.504; 35 Ill. Adm. Code 101.308). If the Board
    fails to take final action by the decision deadline, the Rochelle Waste Disposal “may deem the
    site location approved.” 415 ILCS 5/40.1(a) (2002). Currently, the decision deadline is
    September 18, 2003 (the 120th day after May 21, 2003).
    See
    35 Ill. Adm. Code 107.504. The
    Board meeting immediately before the decision deadline is scheduled for September 18, 2003.
     
    City of Rochelle must file the entire record of its proceedings within 21 days after the
    date of this order.
    See
    35 Ill. Adm. Code 107.302. The record must comply with the content and
    certification requirements of 35 Ill. Adm. Code 107.304, 107.308. Rochelle Waste Disposal
    must pay to City of Rochelle the cost of preparing and certifying the record.
    See
    415 ILCS
    5/39.2(n) (2002); 35 Ill. Adm. Code 107.306, 107.502(b).
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on June 5, 2003, by a vote of 6-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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