ILLINOIS POLLUTION CONTROL BOARD
    August 30,
    1990
    HORACE FILE,
    ERWIN HEIGER, ARLIN WOKER)
    ANDY TIFT,
    LAYTON PEDDICORD,
    )
    BURNELL NEUMANN,LAVERLE EAKLE,
    LYNN SCHMOLLINGER, HOWARD PRINGLE,
    REID BINGHAM, CRAIG WOKER,
    MRS.
    O.J.
    )
    DAIL, JEANETTE TIFT, ARLENE DAIL,
    GLEN)
    MILES, JUANITUA HEDIGER, LEILA
    MILES,
    BILL GOODALL,
    CAROLYN
    )
    SPRADLING, DONNA HAMPTON, HOLLIE
    )
    WILLMAN, CHARLES
    H.
    FUNK, LEROY
    WEISE, MIKE EATON,
    PAM
    FUNK,
    JIM STOECKLIN,
    MARY
    BLOEMKER,
    DONALD SPRADLING, BOB BOWEN,
    DON
    MARTIN,
    JEANETTE FILE, and
    BOND COUNTY CONCERNED CITIZENS,
    )
    Petitioners,
    v.
    )
    PCB 90—94
    (Landfill Siting)
    D
    &
    L LANDFILL,
    INC.,
    BOND COUNTY BOARD OF
    SUPERVISORS, COUNTY OF BOND,
    STATE OF ILLINOIS,
    Respondents.
    CONCURRING OPINION
    (by B.
    Forcade):
    I agree with the outcome in this proceeding affirming
    the
    decision below because of the significant deference given the
    trier
    of facts.
    However,
    I
    find one aspect extremely
    troubling.
    Therefore,
    I concur
    to express my reservations.
    D
    &
    L provides
    information
    to the State of
    Illinois
    on
    the
    remaining capacity at the existing facility.
    That
    information
    was
    introduced at hearing
    (BCC Ex.
    10) and asserts a remaining
    capacity of
    16 years.
    At hearing,
    D & L’s witness testified the
    existing facility’s
    remaining capacity was,
    “less than two
    years.”
    (R.
    58).
    There
    is a rather profound difference between
    a remaining capacity of
    16 years and one of less than
    two
    years.
    The applicant,
    D &
    L,
    is
    the source
    of
    information
    for
    both estimates.
    Despite my reservations on the conflicting estimates
    provided by D
    &
    L
    on
    remaining capacity,
    I do
    not support
    reversal.
    The Bond County Board of Supervisors could have
    I 1.’f~1)
    —2—
    legitimately concluded that the more accurate number
    of years of
    remaining life was 16.
    They could also have determined
    that 16
    years was the shortest period their county should go without a
    plan for approved future disposal capacity.
    Bill
    .
    rc~ade, Board Member
    I,
    Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify
    that the above Concurring Opinion was
    submitted on the
    ~
    day of
    ~
    ,
    1989.
    ~t
    ~
    /—
    Dorothy
    M.
    G~xnn,Clerk
    Illinois PoI’lution Control Board
    I
    I ~ 9
    1

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