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09/11/87 Waste Management of v. the Pollution Control

September 11, 1987

WASTE MANAGEMENT OF ILLINOIS, INC., PETITIONER-APPELLANT AND CROSS-APPELLEE

v.

THE POLLUTION CONTROL BOARD, RESPONDENT-APPELLEE (MCHENRY COUNTY BOARD ET AL., RESPONDENTS-APPELLEES AND CROSS-APPELLANTS)



APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

513 N.E.2d 592, 160 Ill. App. 3d 434, 112 Ill. Dec. 178 1987.IL.1327

Petition for review of order of Pollution Control Board.

APPELLATE Judges:

JUSTICE DUNN delivered the opinion of the court. HOPF and NASH, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE DUNN

Waste Management of Illinois, Inc., petitioned the McHenry County board, pursuant to section 39.2 of the Environmental Protection Act (Act) (Ill. Rev. Stat. 1985, ch. 111 1/2, par. 1039.2), for site location suitability approval of a new regional pollution control facility in unincorporated McHenry County. After 20 days of hearings comprising an approximately 4,000-page record, the county board denied the application. The county board's decision was upheld on review by the Illinois Pollution Control Board . (Ill. Rev. Stat. 1985, ch. 111 1/2, par. 1040.1(a).) Waste Management filed a timely petition for judicial review (Ill. Rev. Stat. 1985, ch. 111 1/2, par. 1041), requesting that we reverse the decision of the PCB. The McHenry County board, and the McHenry County concerned citizens and McHenry County defenders (hereinafter referred to as objectors) filed cross-appeals challenging particular portions of the PCB's decision.

A brief review of the pertinent sections of the Act is appropriate in order to put into context the issues raised by the parties. Section 39(c) of the Act provides that "no permit for the development or construction of a new regional pollution control facility may be granted by the [Environmental Protection] Agency unless the applicant submits proof to the Agency that the location of said facility has been approved by the County Board of the county if in an unincorporated area . . . in accordance with Section 39.2 of this Act." (Ill. Rev. Stat. 1985, ch. 111 1/2, par. 1039(c)). At the time this proceeding was before the McHenry County board, section 39.2 provided in pertinent part:

"(a) The county board . . . shall approve the site location suitability for such new regional pollution control facility only in accordance with the following criteria:

(i) the facility is necessary to accommodate the waste needs of the area it is intended to serve;

(ii) the facility is so designed, located and proposed to be operated that the public health, safety and welfare will be protected;

(iii) the facility is located so as to minimize incompatibility with the character of the surrounding area and to minimize the effect on the value of the surrounding property;

(iv) the facility is located outside the boundary of the 100 year flood plain as determined by the Illinois Department of Transportation, or the site is flood-proofed to meet the standards and requirements of the Illinois Department of Transportation and is approved by that Department;

(v) the plan of operations for the facility is designed to minimize the danger to the surrounding area from fire, spills, or other operational accidents;

(vi) the traffic patterns to or from the facility are so designed as to minimize the impact on existing traffic flows . . .." (Ill. Rev. ...


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