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12/28/88 Citizens Against the v. the Pollution Control

December 28, 1988

CITIZENS AGAINST THE RANDOLPH LANDFILL , PETITIONER

v.

THE POLLUTION CONTROL BOARD ET AL., RESPONDENTS. -- THE COUNTY OF MCLEAN, PETITIONER

v.

THE POLLUTION CONTROL



APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT

BOARD et al., Respondents

533 N.E.2d 401, 178 Ill. App. 3d 686, 127 Ill. Dec. 529

Petition for review of order of Pollution Control Board.

Rehearing denied February 15, 1989. 1988.IL.1884

APPELLATE Judges:

McCULLOUGH, Spitz, Green

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE MCCULLOUGH

The dispositive issue in this case is whether an applicant for landfill site approval waived its right to a county board decision on its application within the statutorily prescribed time period. Additional questions are whether the filing of a motion for reconsideration with respect to an Illinois Pollution Control Board decision in a landfill siting case extends the time for a county filing in this court a petition for review of the IPCB's decision and whether a group of concerned citizens had standing to intervene in a landfill siting case after a decision of the IPCB in effect reversed a county board decision which denied a request for landfill site approval.

The facts may be briefly stated. On January 22, 1987, respondent McLean County Disposal Company (disposal company) delivered an application for site approval for a new regional pollution control facility (landfill) to the McLean County clerk's office. In its application, the disposal company proposed to locate the landfill near the unincorporated community of Randolph in McLean County. The clerk did not accept the application for filing on that date, but retained it in order to determine whether it met all of the requirements of the county's Regional Pollution Control Facilities Resolution. The applicant understood the application was not filed.

On February 19, 1987, the county's Pollution Control Site Hearing Committee, acting on a recommendation of its staff, directed the county clerk to reject the disposal company's application. The bases for this action were 17 specified deficiencies in the application. Among these deficiencies were lack of clarity in some of the maps accompanying the application, lack of a key or legend to explain symbolization on some of the maps, and failure of the proposed landfill site boundaries indicated on the maps submitted with the application to match the proposed landfill site's legal description. Accordingly, the county clerk informed the disposal company per a letter dated February 20, 1987, that its proposed application was rejected.

Thereafter, the disposal company submitted a supplement to its application in response to the Pollution Control Site Hearing Committee's objections. The Pollution Control Site Hearing Committee subsequently recommended that the disposal company's application, as supplemented by the additional materials, be filed. On the basis of this recommendation, the county clerk filed the disposal company's application for landfill site approval on March 17, 1987. On August 18, 1987, following extensive public hearings and the receipt of numerous written comments from the public, the McLean County Board, acting on recommendation of the Pollution Control Site Hearing Committee, rejected the disposal company's application for landfill site approval.

On August 31, 1987, the disposal company filed a petition for review of the county board's decision with the IPCB. Following a hearing and the submission of briefs by the parties, the IPCB, in a 4 to 3 decision filed January 21, 1988, vacated the county board's decision. The IPCB ruled that the disposal company's application for landfill site approval was granted by operation of law, due to the county board's failure to rule on the application within 180 days of the date (January 22, 1987) on which it was originally delivered to the McLean County clerk.

On February 24, 1988, the county filed a motion for reconsideration of the IPCB's decision. On February 25, 1988, a nonprofit corporation known as Citizens against the Randolph Landfill, Inc. , filed an application for leave to intervene in the proceedings. In a 4 to 3 decision filed March 10, 1988, the IPCB denied a motion by the disposal company to strike the county's motion for reconsideration, but denied the motion on its merits. In the same decision, the IPCB denied CARL's motion for leave to intervene.

On April 8, 1988, the county filed a petition for review of the IPCB's January 21, 1988, order holding that the disposal company's application for site approval was granted by operation of law and the IPCB's March 10, 1988, order which denied its motion for reconsideration (case No. 4-88-0251). On April 6, 1988, CARL filed a petition ...


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