SOLID WASTE AGENCY OF NORTHERN COOK COUNTY v. CITY OF DES PLAINES, ILLINOIS
The Board dismissed this action for failure to timely name all necessary parties. The Board denied petitioner’s motion for leave to amend and respondent’s motion to dismiss as
moot, citing lack of jurisdiction over this proceeding.
April 17, 2003SOLID WASTE AGENCY OF NORTHERNCOOK COUNTY,Petitioner,v.
CITY OF DES PLAINES, ILLINOIS,
Respondent.
Section 40.1(a) of the Environmental Protection Act (Act) (415 ILCS 5/40.1(a) (2002))
authorizes SWANCC’s appeal to the Board as a third party under Section 107.200(b) of theBoard’s rules.
35 Ill.
Adm.
Code 107.502.
Here, Des Plaines approved siting of the DMS facility, without conditions, on February18, 2003. 1997); see also ESG Watts, Inc. 172 Ill. 2d R. 335. TheBoard’s procedural rules provide that motions for the Board to reconsider or modify its finalorders may be filed with the Board within 35 days after the order is ...
Allowed
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