ILLINOIS POLLUTION CONTROL BOARD
January 8, 2009
WASTE MANAGEMENT OF ILLINOIS,
INC. AND KENDALL LAND AND
CATTLE, LLC,
Petitioner,
v.
COUNTY BOARD OF KENDALL
COUNTY,
Respondent.
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PCB 09-43
(
Pollution Control Facility Siting Appeal)
ORDER OF THE BOARD (by G.T. Girard):
On December 24, 2008, Waste Management of Illinois, Inc. and Kendall Land and Cattle,
LLC (petitioners) timely filed a petition asking the Board to review a November 20, 2008
decision of the Kendall County Board (Kendall County). Kendall County’s decision concerns
petitioners’ proposed siting of a pollution control facility known as Willow Run Recycling and
Disposal Facility in Kendall County. For the reasons below, the Board accepts petitioners’
petition for hearing.
Under the Environmental Protection Act (Act) (415 ILCS 5/1
et seq.
(2006)), before the
Illinois Environmental Protection Agency can issue a permit to develop or construct a new or
expanding pollution control facility, the permit applicant must obtain siting approval for the
proposed facility from the local government (
i.e.
, the county board if in an unincorporated area
or the governing body of the municipality if in an incorporated area). If the local government
denies siting or approves siting with conditions, the siting applicant may appeal the local
government’s decision to the Board.
See
415 ILCS 5/39(c), 40.1(a) (2006); 35 Ill. Adm. Code
107.
In this case, Kendall County denied petitioners’ application to site a pollution control
facility in Kendall County. Petitioners appeal on the grounds that Kendall County’s decision
was fundamentally unfair and the findings on criteria ii and iii (
see
415 ILCS 5/39.2 (2006))
were against the manifest weight of the evidence. Petitioners’ petition meets the content
requirements of 35 Ill. Adm. Code 107.208.
The Board accepts the petition for hearing. Petitioner has the burden of proof. 415 ILCS
5/40.1(a) (2006);
see also
35 Ill. Adm. Code 105.506. Hearings will be based exclusively on the
record before Kendall. Accordingly, though the Board hearing affords petitioner the opportunity
to challenge the local government’s reasons for its decision, information developed after the
local government’s decision typically is not admitted at hearing or considered by the Board.
However, if relevant, evidence may be introduced on (1) the local government’s jurisdiction over
2
the siting application and (2) the fundamental fairness of the procedures used by the local
government in reaching its decision.
See
415 ILCS 5/40.1(a) (2006); Land & Lakes v. PCB, 319
Ill. App. 3d 41, 48, 743 N.E.2d 188, 194 (3d Dist. 2000).
Hearings will be scheduled and completed in a timely manner, consistent with the
decision deadline (
see
415 ILCS 5/40.1(a) (2006)), which only petitioner may extend by waiver
(
see
35 Ill. Adm. Code 107.504; 35 Ill. Adm. Code 101.308). If the Board fails to take final
action by the decision deadline, the petitioner “may deem the site location approved.” 415 ILCS
5/40.1(a) (2006). Currently, the decision deadline is April 23, 2009 (the 120th day after
December 24, 2008).
See
35 Ill. Adm. Code 107.504. The Board meeting immediately before
the decision deadline is scheduled for April 16, 2009.
Kendall County must file the entire record of its proceedings within 21 days after the date
of this order.
See
35 Ill. Adm. Code 107.302. The record must comply with the content and
certification requirements of 35 Ill. Adm. Code 107.304, 107.308. Petitioner must pay to
Kendall County the cost of preparing and certifying the record.
See
415 ILCS 5/39.2(n) (2006);
35 Ill. Adm. Code 107.306, 107.502(b).
IT IS SO ORDERED.
I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above order on January 8, 2009, by a vote of 5-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
