ILLINOIS POLLUTION CONTROL BOARD
    August 19, 2004
     
    WASTE MANAGEMENT OF ILLINOIS,
    INC.,
     
    Petitioner,
     
    v.
     
    COUNTY BOARD OF KANKAKEE
    COUNTY,
     
    Respondent.
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    PCB 04-186
    (Pollution Control Facility
    Siting Appeal)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On July 23, 2004, Keith Runyon (Runyon) filed a motion to intervene in the proceeding.
    On July 29, 2004, Waste Management of Illinois, Inc. filed a response to the motion. The Board
    denies the motion to intervene. As indicated in the Board’s July 22, 2004 order in this matter,
    both the courts and the Board have consistently held that a third party cannot appeal or intervene
    in such a proceeding.
    See
    Lowe Transfer, Inc. v. County Board of McHenry County, PCB 03-
    221 (July 10, 2003); 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.
     
    The plain language of Section 40.1(a) of the Act provides that if the county board denies
    siting “the applicant may” appeal the decision. 415 ILCS 5/40.1(a) (2002). The Board has also
    adopted procedural rules that reiterate that the applicant is the only party that may appeal a denial
    of siting approval.
    See
    35 Ill. Adm. Code 107.200(a). As stated by the court, the Board “is
    powerless to expand its authority beyond that which the legislature has expressly granted” to the
    Board. McHenry Landfill 154 Ill. App. 3d 89, 506 N.E.2d 372, 376. The Board has also stated
    “that allowing a third-party to intervene would be granting party status to someone who does not
    have party status under Section 40.1 of the Act.” Land and Lakes Co. v. Randolph County
    Board, PCB 99-69 (Mar. 18, 1999).
     
    Runyon has presented the Board with no new arguments which convince the Board to
    alter the long-standing precedent that a third party may not intervene in a siting denial appeal.
    Accordingly, the motion to intervene is denied. Runyon may, however, contribute oral or written
    statements at hearing in this matter in accordance with Sections 101.628 and 107.404 of the
    Board’s procedural rules, but may not examine or cross-examine witnesses. 35 Ill. Adm. Code
    101.628(a), (b); 35 Ill. Adm. Code 107.404. Runyon may also participate through public
     
    2
    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 August 19, 2004, by a vote of 4-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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