ILLINOIS POLLUTION CONTROL BOARD
    December 3, 1998
    LAND AND LAKES COMPANY,
    Petitioner,
    v.
    RANDOLPH COUNTY BOARD OF
    COMMISSIONERS,
    Respondent.
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    PCB 99-69
    (
    Pollution Control Facility
    Siting Appeal
    )
    ORDER OF THE BOARD (by G.T. Girard):
    On November 23, 1998, petitioner filed an appeal of the denial of its petition for siting
    of its pollution control facility located in Randolph County, Illinois. The Board sets for
    hearing petitioner’s appeal of the Randolph County Board of Commissioners decision which
    denied local siting approval for the Grande Prairie Pollution Control Facility.
    Pursuant to Section 40.1(a) of the Environmental Protection Act (Act) (415 ILCS
    5/40.1(a) (1996)), the hearing is to be based “exclusively on the record before the county
    board or governing body of the municipality.” Although the Act does not specifically state
    who is required to file such record with the Board, the Board believes that the County of
    Randolph must prepare and file the record on appeal.
    The record shall contain legible versions of all documents, transcripts, and exhibits
    deemed to pertain to this proceeding from initial filing through the including final action by the
    local government body. The record shall also contain the originals of all documents and shall
    be sequentially numbered, placing the letter “C” before the number of such page. In addition
    to the actual documents which comprise the record, the Randolph County Clerk shall also
    prepare a document entitled “Certificate of Record on Appeal” which shall be an index of the
    record that lists the documents comprising the record and shows the page numbers upon which
    they start and end. Seven copies of the certificate, seven copies of the transcript of the county
    hearing, and three copies of any other documents in the record shall be filed with the Board; a
    copy of the certificate shall be served upon the petitioner(s). The Randolph County Clerk is
    given 21 days from the date of this order to “prepare, bind and certify the record on appeal.”
    See 155 Ill. 2d R. 324. If the record is not legible, sequentially numbered, or fails to include
    an appropriate index of record, the Clerk of the Board may refuse to accept the document for
    filing. For further guidance in preparing and filing the record on appeal, the county may refer
    to the Illinois Supreme Court Rules 321 through 324. See 155 Ill. 2d R. 321-324.
    If the Board fails to act in 120 days as required by Section 40.1(a) of the Act (415
    ILCS 5/40.1(a) (1996)), petitioner may deem the site location approved. A hearing on the
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    petition should be timely scheduled in order to allow the Board time to review the record and
    to render its decision within 120 days of the filing of the appeal. Petitioner may, however,
    waive the statutory decision deadline pursuant to 35 Ill. Adm. Code 101.105.
    Petitioner filed a waiver to extend the decision deadline until June 4, 1999. This
    matter will be handled at the Board meeting preceding that date.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 3rd day of December 1998 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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