ILLINOIS POLLUTION CONTROL BOARD
    June 15, 2006
     
     
    PEORIA DISPOSAL COMPANY,
     
    Petitioner,
     
    v.
     
    PEORIA COUNTY BOARD,
     
    Respondent.
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    PCB 06-184
    (Pollution Control Facility Siting
    Appeal)
     
    ORDER OF THE BOARD (by N.J. Melas):
     
    On June 7, 2006, the Board received a petition requesting the Board to review the Peoria
    County Board’s (County) failure to take action by May 3, 2006, on a siting application filed by
    the petitioner, Peoria Disposal Company (Peoria Disposal), on November 9, 2005. Peoria
    Disposal sought a vertical and horizontal expansion of its existing hazardous waste landfill
    located in Peoria County. According to the petition, the County failed to pass a motion to
    approve Peoria Disposal’s application. Peoria Disposal states the County made no written
    findings and issued no written decision. For the reasons set forth below, the Board accepts the
    petition for hearing.
     
    Section 40.1(a) of the Environmental Protection Act (Act) (415 ILCS 5/40.1(a) (2004))
    authorizes Peoria Disposal’s appeal to the Board. Peoria disposal asks the Board to deem the
    application for site location approval approved by virtue of the County’s failure to take timely
    action as required by Section 39.2(e) of the Act. 415 ILCS 5/39.2(e) (2004). Peoria Disposal
    argues, alternatively, that if not deemed granted by operation of law, the Board should remand
    the application to the County. Peoria Disposal claims the May 3, 2006 action by the County
    lacked fundamentally fairness for various reasons including: (1) the hearing and post-hearing
    procedures were not fundamentally fair; (2) multiple members of the County were biased against
    the applicant or had disqualifying conflicts of interest; and (3) the action of the County was
    based on matters outside the record.
     
    Peoria Disposal next argues, alternatively, that if on May 3, 2006, the County denied the
    application based on the merits, the decision was against the manifest weight of the evidence.
    There are nine criteria a local siting authority must consider when deciding whether to grant
    siting to a pollution control facility. 415 ILCS 5/39.2(a) (2004). Peoria Disposal states that the
    purported findings that Peoria Disposal did not prove criteria i (necessary to accommodate area
    waste needs); ii (designed, located and operated to protect public health, safety, and welfare);
    and iii, (minimize incompatibility and property value effects) are against the manifest weight of
    the evidence. As to criterion v, Peoria Disposal appeals any purported finding that criterion v
    (the facility is designed to minimize danger from fire, spills, or operational injury) had been
    proven only if certain special conditions were imposed as also against the manifest weight of the
    evidence. Peoria Disposal requests the Board to reverse any finding on these criteria. Peoria
     
    2
    Disposal’s petition meets the content requirements of 35 Ill. Adm. Code 107.208. The Board
    accepts the petition for hearing.
     
    Peoria Disposal has the burden of proof. 415 ILCS 5/40.1(a) (2004);
    see also
    35 Ill.
    Adm. Code 105.506. Hearings will be based exclusively on the record before the County. 415
    ILCS 5/40.1(a) (2004). Hearings will be scheduled and completed in a timely manner, consistent
    with the decision deadline (
    see
    415 ILCS 5/40.1(a) (2004)), which only Peoria Disposal may
    extend by waiver (35 Ill. Adm. Code 107.504;
    see
     
    also
    35 Ill. Adm. Code 101.308). If the Board
    fails to take final action by the decision deadline, the Peoria Disposal “may deem the site
    location approved.” 415 ILCS 5/40.1(a) (2004). Currently, the decision deadline is October 5,
    2006 (the 120th day after June 7, 2006).
    See
    35 Ill. Adm. Code 107.504. A Board meeting is
    currently scheduled for that date.
     
    The County must file the entire record of its proceedings within 21 days after the date of
    this order. The record must comply with the content and certification requirements of 35 Ill.
    Adm. Code 107.304, 107.308. Peoria Disposal must pay to the County the cost of preparing and
    certifying the record. 415 ILCS 5/39.2(n) (2004); 35 Ill. Adm. Code 107.306;
    see also
    35 Ill.
    Adm. Code 107.502(b).
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on June 15, 2006, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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