ILLINOIS POLLUTION CONTROL BOARD
    July 21, 2005
     
    WASTE MANAGEMENT OF ILLINOIS,
    INC.,
     
    Petitioner,
     
    v.
     
    COUNTY BOARD OF KANKAKEE
    COUNTY,
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
     
     
     
     
    PCB 04-186
    (Pollution Control Facility
    Siting Appeal)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On June 24, 2005, Keith Runyon (Runyon) filed a motion to intervene in the proceeding
    and asking that the Board “bar the County of
    Illinois, Inc. filed a motion to strike
    y of Kankakee filed a response to Runyon’s
    In an order dated August 19, 2004, denying a
     
    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.
     
    Runyon has presented the Board with no new arguments to convince the Board to
    overrule the Board’s prior decision to deny intervention to Runyon. Accordingly, Runyon’s
    motion is denied. The Board notes that Runyon contributed oral statements at hearing in this
    matter in accordance with Sections 101.628 and 107.404 of the Board’s procedural rules. 35 Ill.
    Adm. Code 101.628(a), (b); 35 Ill. Adm. Code 107.404. Runyon also participated through
    public comments and
    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).
     
    The Board denies Waste Management of Illinois, Inc.’s motion to strike as moot.
     
     
    2
    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 21, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

    Back to top