ILLINOIS POLLUTION CONTROL BOARD
    July 10, 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):
     
    This matter is before the Board on a June 19, 2003, petition to intervene filed by the
    Concerned Citizens of Ogle County (CCOC). Petitioner Rochelle Waste Disposal, L.L.C.
    (Rochelle Waste) filed an objection to the petition to intervene on June 30, 2003.
     
    For the reasons discussed below, the Board denies CCOC’s petition to intervene. CCOC
    may participate either through statements at hearing, public comments or the filing of
    amicus
    curiae
    briefs.
     
    BACKGROUND
     
    On May 21, 2003, Rochelle Waste 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’s proposed the lateral and vertical expansion of the Rochelle Municipal Landfill No. 2 at
    6513 South Mulford Road, Rochelle, Ogle County. The Board accepted the petition for hearing
    on June 5, 2003.
     
    In this case, the City of Rochelle denied Rochelle Waste’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). Rochelle Waste also seeks to challenge
    special conditions that the City of Rochelle included as part of its finding of compliance
    regarding the remaining criteria. Rochelle Waste waived the decision deadline in this matter
    until October 28, 2003.
     
    PETITION TO INTERVENE
     
    CCOC is a voluntary association of citizens in the community of Rochelle that claims it
    would be adversely affected by a decision reversing the finding of the Rochelle City Council. In
     
    2
    its petition to intervene, CCOC asserts that it participated actively as a party objector in the local
    regional pollution control facility siting hearings that are the subject of the pending petition to
    review. Rochelle Waste objects to the petition to intervene, arguing that third parties cannot
    intervene in cases where the local government denied siting approval.
     
    The Board has previously addressed this issue, and it is well established that third-party
    objectors are precluded from intervention in an appeal from a denial of siting approval.
    See
     
    Waste Management v. County Board of Kane County, PCB 03-104, slip op. at 3 (Feb. 20, 2003);
    Land and Lakes Co.,
    et al
    . v. Village of Romeoville, PCB 94-195, slip op. at 4 (Sept. 1, 1994);
    citing
    Waste Management of Illinois, Inc. v. PCB, 160 Ill. App. 3d 434, 513 N.E.2d 592 (2nd
    Dist. 1987); McHenry County Landfill, Inc. v. IEPA, 154 Ill. App. 3d 89, 506 N.E.2d 372 (2nd
    Dist. 1987). A third party may intervene only when the third party is a state’s attorney or the
    Attorney General’s Office intervening to represent the public interest.
    See, e.g.,
    Land and Lakes,
    slip op. at 3.
     
    CCOC is a third-party objector without the special intervention rights of a state’s attorney
    or the Attorney General’s Office representing the public interest. Accordingly, the petition to
    intervene is denied. CCOC may, however, contribute oral or written statements at hearing in this
    matter in accordance with Section 101.628 of the Board’s procedural rules. 35 Ill. Adm. Code
    101.628(a), (b). CCOC may also participate through public comments or
    amicus curiae
    briefs
    pursuant to Section 101.110(c), and in accordance with Section 101.628(c). 35 Ill. Adm. Code
    101.110(c); 35 Ill. Adm. Code 101.628(c).
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on July 10, 2003, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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