ILLINOIS POLLUTION CONTROL BOARD
    February 5, 2004
     
    BYRON SANDBERG,
     
    Petitioner,
     
    v.
     
    THE CITY OF KANKAKEE, ILLINOIS
    CITY COUNCIL, TOWN AND COUNTRY
    UTILITIES, INC., and KANKAKEE
    REGIONAL LANDFILL, L.L.C.,
     
    Respondents.
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    PCB 04-33
    (Third-Party Pollution Control Facility
    Siting Appeal)
     
    WASTE MANAGEMENT OF ILLINOIS,
    INC.,
     
    Petitioner,
     
    v.
     
    THE CITY OF KANKAKEE, ILLINOIS
    CITY COUNCIL, TOWN AND COUNTRY
    UTILITIES, INC., and KANKAKEE
    REGIONAL LANDFILL, L.L.C.,
     
    Respondents.
     
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    PCB 04-34
    (Third-Party Pollution Control Facility
    Siting Appeal)
     
    COUNTY OF KANKAKEE, ILLINOIS, and
    EDWARD D. SMITH, KANKAKEE
    COUNTY STATE’S ATTORNEY,
     
    Petitioners,
     
    v.
     
    THE CITY OF KANKAKEE, ILLINOIS
    CITY COUNCIL, TOWN AND COUNTRY
    UTILITIES, INC., and KANKAKEE
    REGIONAL LANDFILL, L.L.C.,
     
    Respondents.
     
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    PCB 04-35
    (Third-Party Pollution Control Facility
    Siting Appeal)
    (Consolidated)
     
    2
     
    ORDER OF THE BOARD (by N.J. Melas):
     
    Today’s order addresses a motion to supplement the record filed by the petitioner, County
    of Kankakee, Illinois and Edward D. Smith, Kankakee County State’s Attorney (County), on
    January 21, 2004, and a response filed by respondent, Town and Country Utilities, Inc. (Town &
    Country), on January 27, 2004. As discussed below, the Board denies the County’s motion to
    supplement the record.
     
    The County seeks to supplement the record in these consolidated siting appeals with
    testimony from recent local siting hearings regarding an application by Waste Management to
    expand its existing facility located in Kankakee County. The local siting hearings began on
    January 12 and continued at least through January 15, 2004. The testimony is that of Mr.
    Charles Norris, a professional geologist who testified on behalf of an objector to Waste
    Management’s application. The County argues that Mr. Norris’ testimony is directly relevant
    and would be helpful to the decisionmakers in this proceeding.
     
     
    Town & Country argues that the Board is limited to reviewing the record of the siting
    proceedings held before the city council. Town & Country adds that the testimony the County
    seeks to add is neither correct, complete, nor in context.
     
    The Environmental Protection Act (Act) clearly limits the record on appeal exclusively to
    the record before the local siting authority. Section 40.1 of the Act states that “no new or
    additional evidence in support of or in opposition to any finding, order, determination or decision
    of the appropriate county board or governing body of the municipality shall be heard by the
    Board.” 415 ILCS 5/40.1 (2002). Accordingly, the Board denies the County’s motion to
    supplement.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on February 5, 2004, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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