ILLINOIS POLLUTION CONTROL BOARD
    November 20, 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 September 23, 2008, Fox Moraine, LLC (petitioner) filed a “First Amended Petition
    for Review” and on September 26, 2008, a “Second Amended Petition for Review”. Neither the
    respondent nor the intervenor has filed a response to either amended petition.
    In certain instances the Board allows amended petitions to be filed (
    e.g.
    , Wei Enterprises
    v. IEPA, PCB 04-83 (Nov. 20, 2003); Randall Industries, Inc. v. IEPA, PCB 03-129 (Sept. 18,
    2003); Landfill 33 LTD. v. Effingham County Board
    et al
    ., PCB 0-43 (Oct. 17, 2002); St. Clair
    Properties Development, Inc. v. IEPA, PCB 98-72 (Nov. 20, 1997)). However, the instances
    where the Board allows for amended petitions are generally instances where the initial petition
    lacks pertinent information required by Board rules and the Board allows the petitioner a set
    amount of time to correct the deficiencies. The Board has declined to accept amended petitions
    that fall outside this narrow exception.
    See
    XCTC Limited Partnership v. IEPA
    , PCB 01-46 and
    PCB 01-51 (consol.) (Feb. 5, 2004).
    In this case, the respondent and intervenor have not objected to the amended petitions and
    thus have waived any objection to the Board allowing the amended petitions.
    See
    35 Ill. Adm.
    Code 101.500(d). Furthermore, a review of both the first and second amended petitions indicate
    that, while alleging additional facts and circumstances surrounding the grounds for appeal, no
    new grounds for appeal are cited. Therefore, the Board will accept both the amended petitions.
    The Board notes that generally the filing of the amended petition for review by the applicant in a
    landfill siting appeal can recommence the decision period in this matter.
    See
    35 Ill. Adm. Code
    107.504 (“the Board will issue its decision within 120 days after the proper filing of a petition for
    review”). However, the decision date has already been waived beyond the decision period to
    April 16, 2009, and that decision deadline will remain unless waived again by the petitioner.
    2
    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 November 20, 2008, by a vote of 5-0.
    ___________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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