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07/18/89 Gerald Clutts, v. Herman L. Beasley Et Al.

July 18, 1989

GERALD CLUTTS, APPELLANT

v.

HERMAN L. BEASLEY ET AL., APPELLEES



APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT

541 N.E.2d 844, 185 Ill. App. 3d 543, 133 Ill. Dec. 633 1989.IL.1118

Petition for review of order of Pollution Control Board.

APPELLATE Judges:

JUSTICE HOWERTON delivered the opinion of the court. GOLDENHERSH and RARICK, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE HOWERTON

The Alexander County Board (County Board) approved Herman L. Beasley's proposed regional landfill. Gerald Clutts, an adjacent landowner, objected. The County Board denied his objections and he caused the Pollution Control Board to review the County Board's decision under the Administrative Review Law (Ill. Rev. Stat. 1987, ch. 110, par. 3-101 et seq.). The Pollution Control Board affirmed the County Board's decision. Clutts appeals.

Clutts claims first that the County Board's written decision did not include specific findings of fact, but instead, merely recited the criteria for approving landfills prescribed by statute. Ill. Rev. Stat. 1987, ch. 111 1/2, par. 1039.2(a).

We hold that the decision of the County Board is adequate under both the provisions of the statute and the holding in E & E Hauling, Inc. v. Pollution Control Board (1983), 116 Ill. App. 3d 586, 451 N.E.2d 555, aff'd (1985), 107 Ill. 2d 33, 481 N.E.2d 664. In the instant case, contrary to Clutts' argument, there can be meaningful review of the County Board's decision, because there is a record of all matters that were presented to the Board. That record, furthermore, supports the decision to approve Beasley's proposed landfill.

The criteria necessary for approval of a landfill are:

"(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 or the site is flood-proofed;

(v) the plan of operations for the facility is designed to minimize the danger to the surrounding area from fire, spills, ...


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