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05/25/89 Waste Management of v. the Pollution Control

May 25, 1989

WASTE MANAGEMENT OF ILLINOIS, INC., APPELLANT

v.

THE POLLUTION CONTROL BOARD ET AL., APPELLEES



APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

543 N.E.2d 505, 187 Ill. App. 3d 79, 135 Ill. Dec. 122 1989.IL.795

Petition for review of order of Pollution Control Board.

APPELLATE Judges:

JUSTICE WOODWARD delivered the opinion of the court. NASH and INGLIS, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE WOODWARD

Appellant, Waste Management of Illinois (Waste Management), appeals from a decision of the Pollution Control Board , which upheld the McHenry County Board's (MCB's) denial of site-location suitability of a new regional pollution control facility (landfill) to be located in unincorporated McHenry County.

In 1986, Waste Management initially petitioned the MCB for sitelocation suitability approval of a new regional pollution control facility in unincorporated McHenry County, pursuant to section 39.2 of the Environmental Protection Act (Act) (Ill. Rev. Stat. 1985, ch. 111 1/2, par. 1039.2). The MCB held a hearing on the application, which lasted for 20 days and generated a 4,000-page record. The MCB denied the petition on the ground that it was not in accordance with criteria ii and iii of section 39.2(a), which reads in relevant part:

"(a) The county board of the county or the governing body of the municipality, as determined by paragraph (c) of Section 39 of this Act, 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 ...


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