ILLINOIS POLLUTION CONTROL BOARD
    August 23, 2007
    FOX MORAINE, LLC,
    Petitioner,
    v.
    UNITED CITY OF YORKVILLE, CITY
    COUNCIL,
    Respondent,
    KENDALL COUNTY,
    Intervenor.
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    PCB 07-146
    (Pollution Control Facility
    Siting Appeal)
    ORDER OF THE BOARD (by G.T. Girard):
    On July 25, 2007, Kendall County filed a motion to intervene (Mot.) in this proceeding.
    The Board has not received any response to the motion. Therefore, pursuant to Section
    101.500(d) (35 Ill. Adm. Code 101.500(d)), the Board deems the parties to have waived any
    objection to granting the motion.
    Kendall County seeks leave to intervene in this proceeding through the State’s Attorney
    for Kendall County. Kendall County argues that the representation of Yorkville may not be
    sufficient and the State’s Attorney seeks to intervene “because of their interest in protecting the
    environment of the County and the health of persons who live and work in the County.” Mot. at
    2. Kendall County notes that numerous court and Board decisions affirm the right of Kendall
    County to intervene in this proceeding.
    Id
    .
    The law is well established that third-party objectors are generally precluded from
    intervention in an appeal from a denial of siting approval.
    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). However, when the third
    party is a state’s attorney or the Attorney General’s Office intervening to represent the public
    interest, a third party may intervene.
    See, e.g.,
    Land and Lakes, PCB 94-195, slip op. at 3.
    The courts have also noted that intervention is based on the state's attorney's analogous
    rights and duties to the Attorney General, so that a state's attorney may intervene to represent the
    public interest.
    See
    Land and Lakes Co. v. IPCB
    , 245 Ill. App. 3d 631, 616 N.E.2d 349, 186 Ill.
    Dec. 396 (3d Dist. 1993);
    see also
    Pioneer Processing, Inc. v. IEPA
    , 102 Ill.2d 119, 464 N.E.2d
    2
    238, 79 Ill. Dec. 640 (1984)
    .
    Therefore, the Board grants Kendall County’s motion to intervene,
    subject to the provisions of 35 Ill. Adm. Code 101.402(e).
    IT IS SO ORDERED.
    I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
    the Board adopted the above order on August 23, 2007, by a vote of 4-0.
    ___________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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