ILLINOIS POLLUTION CONTROL BOARD
    June 5, 2008
    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 May 1, 2008, United City of Yorkville City Council (Yorkville) filed a motion (Mot.)
    to dismiss this pollution control facility siting appeal. On May 20, 2008, Fox Moraine, LLC
    (Fox Moraine) filed a response to the motion (Resp.). For the reasons articulated below, the
    Board denies the motion to dismiss.
    Yorkville’s basis for the motion to dismiss is that Fox Moraine has failed to pay for the
    cost of preparing and certifying the record. Mot. at 1. Yorkville maintains that pursuant to
    Section 39.2(n) of the Environmental Protection Act (Act) (415 ILCS 5/39.2(n) (2006)), Fox
    Moraine is required to makes such payment and if the payment is not made, the Board has the
    authority to dismiss the proceeding. Mot. at 2. Yorkville asserts that the payment should have
    been made six months ago. Mot. at 3.
    Fox Moraine provided a copy of a check, paying the costs on May 6, 2008. Resp. at 2.
    Fox Moraine argues that as payment has been made, the motion should be dismissed as moot.
    Id
    .
    The Board is concerned that the payment of the costs for preparing and certifying the
    record was not timely. However, at this time, the costs have been paid. Therefore, the Board
    denies the motion to dismiss.
    IT IS SO ORDERED.
    2
    I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
    the Board adopted the above order on June 5, 2008, by a vote of 4-0.
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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