ILLINOIS POLLUTION CONTROL BOARD
    June 19, 2003
     
    LOWE TRANSFER, INC. and MARSHALL
    LOWE,
     
    Petitioners,
     
    v.
     
    COUNTY BOARD OF MCHENRY
    COUNTY, ILLINOIS,
     
    Respondent.
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    PCB 03-221
    (Pollution Control Facility
    Siting Appeal)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On June 5, 2003, Lowe Transfer, Inc. and Marshall Lowe (petitioners) timely filed a
    petition asking the Board to review the May 6, 2003 decision of County Board of McHenry
    County, Illinois (McHenry County).
    See
    415 ILCS 5/40.1(a) (2002); 35 Ill. Adm. Code 107.204.
    McHenry County denied the petitioner’s request for application to site a pollution control facility
    located on U.S. Route 14 McHenry County.
     
    Section 40.1(a) of the Environmental Protection Act (415 ILCS 5/40.1(a) (2002))
    authorizes the petitioners appeal to the Board. The petitioners appeal on the grounds that
    McHenry County’s decision to deny citing was against the manifest weight of the evidence. The
    petitioner’s petition meets the content requirements of 35 Ill. Adm. Code 107.208. The Board
    accepts the petition for hearing.
     
    The petitioners have 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 McHenry 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 the petitioners
    may extend by waiver (35 Ill. Adm. Code 107.504;
    see
     
    also
    35 Ill. Adm. Code 101.308). If the
    Board fails to take final action by the decision deadline, the petitioners “may deem the site
    location approved.” 415 ILCS 5/40.1(a) (2002). Currently, the decision deadline is October 2,
    2003 (the 120th day after June 5, 2003).
    See
    35 Ill. Adm. Code 107.504. The Board meeting
    immediately before the decision deadline is scheduled for September 18, 2003.
     
    McHenry County must file the entire record of its proceedings within 21 days after the
    date of this order. The record must comply with the content and certification requirements of 35
    Ill. Adm. Code 107.304, 107.308. The petitioners must pay to McHenry County the cost of
    preparing and certifying the record. 415 ILCS 5/39.2(n) (2002); 35 Ill. Adm. Code 107.306;
    see
    also
    35 Ill. Adm. Code 107.502(b).
     
    IT IS SO ORDERED.
     
    2
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on June 19, 2003, by a vote of 6-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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