ILLINOIS POLLUTION CONTROL BOARD
March 11, 1992
LAND AND
LAKES COMPANY,
JMC
)
OPERATIONS,
INC.,
and NBD
)
TRUST COMPANY OF ILLINOIS
)
AS TRUSTEE UNDER TRUST NO.
)
2624EG,
)
Petitioners,
PCB 92—25
v.
)
(Landfill Siting)
)
VILLAGE OF ROMEOVILLE,
)
)
Respondent,
COUNTY OF WILL, and
)
PEOPLE OF THE STATE OF
)
ILLINOIS,
Intervenors.
ORDER OF THE BOARD
(by B.
Forcade):
Currently before the Board are
1)
a February 18,
1992 motion
for leave to identify additional materials to be incorporated
from PCB 91-7 by Land and Lakes Company,
JMC
Operations,
Inc.,
and NBD Trust Co. of Illinois, as Trustee under Trust No.
2624EG
(“Land and Lakes”),
2)
a February 26,
1992 motion to dismiss
filed by the Village of Romeoville
(“Romeoville”),
3)
a February
26,
1992 petition for leave of Will County to intervene filed by
the States Attorney of Will County,
and
4)
a March
6,
1992
response of Land and Lakes to Roineoville’s motion to dismiss and
the petition to intervene.
Land and Lakes’ Motion for Leave to Identify Additional Materials
to be IncorDorated
In its motion, Land and Lakes requests that the testimony of
Kevin Standbridge in PCB 91—7, found at C9035-9272 of the record
in PCB 91-7, be included in the materials to be incorporated into
this proceeding.
Land and Lakes also requests that this Board
waive the requirement that Land and Lakes file four copies of the
material with the Board.
The Board hereby grants the motion.
Petition for Leave of Will CountY to Intervene
In the petition for leave to intervene,
the State’s Attorney
for Will County argues,
in part, that
1) Will County participated
at the hearing before the Village of Roineoville;
2) Will County,
“pursuant to explicit statutory authority has adopted and had
in
131—25
2
force at all relevant time,
a solid waste management plan,
•
.
.
effective within the Village of Romeoville;
3) Will County has
a delegation agreement with the Illinois Environmental Protection
Agency for inspections and enforcement of the Environmental
Protection Act and Board regulations;
4) Will County has an
interest in the siting of such a facility within the county based
on its interest in protecting the health and environment for the
People of Will County;
5)
that most of the land around the
facility is in unincorporated Will County and subject to its
police power;
6)
Roineoville has an annexation agreement, which
provided’ for siting review and revenue considerations,
and this
agreement and Romeoville’s findings may inadequately represent
the interests of the People of Will County; and
7)
that the
People of Will County will be affected and bound by this Board’s
determination.1
In response, Land and Lakes incorporates the arguments made
in its February 19,
1991 motion to reconsider and its March 12,
1991 reply to Will County’s response to the motion to reconsider,
both of which were filed in PCB 91-7.
In addition, Land and
Lakes argues that the State’s Attorney’s arguments are irrelevant
to the current petition to review because this case concerns only
Roineoville’s vote on remand from PCB 91-7,
which vote only
concerned the need for the proposed regional pollution control
facility.
For the reasons set forth in our February 7,
1991 Order
in
PCB 91-7, the Board hereby grants the motion to intervene entered
by the State’s Attorney for Will County.
Motion to Dismiss
Although Land and Lakes has filed a response to Romeoville’s
motion to dismiss, the State’s Attorney of
Will
County did not
have standing, until our ruling on the motion to intervene above,
to file a response.
Accordingly,
the Board will reserve ruling
on the motion to dismiss until the time for response has run,
as
calculated from today’s grant of the motion to intervene.
IT IS SO ORDERED.
J. Anderson and J. Theodore Meyer dissented.
‘These
arguments
are
the
same
arguments
that
Will
County
presented in its January
16,
1991 petition for leave to intervene
in PCB 91-7.
131—26
3
I, Dorothy M.
Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Order was adopted on the
,‘
/~
~
day of
_____________________,
1992, by
a vote of
-6
--
/t~
—-vc~ I~
/
/
~
~
Dorothy ~
Clerk
Illinois/~llutionControl Board
13 1—27