ILLINOIS POLLUTION CONTROL

BOARD

April 7, 1983

WASTE MANAGEME~1T OF

ILLINOIS,,

INC,

)

)

Petitioner,

V.

)

COUNTY BOARD OF

WILL COUNTY,

)

PCB 82—141

)

Respondents,

)

and

)

BOARD OF TRUSTEES

OF

JOLIET Tc~NSHIP,

)

VILLAGE OF CHANNAHON,

LESLEY

R0

MARR,

)

NORMA

T. ROURKE, GISELA

TOPOLSKI, AND

)

MARTHA C. LEMBCKE,

)

Intervenors.

CONCURRING OPINION

(by 3.. D~ Dumelle):

While I fully agree

that the

applicant has not

shown a need

for the expansion

of

the landfill

(Criterion No. 1) I do not

agree that Public Act

82—682

does not mean what it says in plain

English in Criterion

No.

2.

Criterion

No.

2

reads as follows:

“the facility

is so

designed, located and

proposed to be operated that the public

health, safety and welfare will be

protected;”

That criterion, in

plain

English~does not restrict counties

and cities from

considering subsurface natural conditions such

as geology

and hydrology and designs such as liners and leachate

drains and monitoring wells, This issue, the meaning and intent

of Criterion No. 2, has been joined in the appeal of this

Board’s initial determination on this matter in Waste Management

of Illinois, Inc. v. Ta eliCount, PCB 82—55, August 5, 1982.

An Appellate Court decision

is expected shortly. A new argument

has

now

been advanced by the Board majority for not following

the plain

language of Criterion No, 2. That argument advances

hypothetical conflicts with Federal regulations issued under the

52-41

---

2

such as Wil. County, in

this case, or a city, have an inherent

right and a duty to protect their citizens. If

they discern

some hazard to the public in a landfill

design or in its location

or in its operation they

should be free to make that case before

the Pollution Control Board, I have

seen nothing in RCRA that

states that tighter requirements than those

in the Federal

regulations cannot

be imposed. A technical Board, such as the

Pollution Control

Board, can weigh the evidence and make the

correct ultimate

decision,

I, Christan

L. Moffett, Clerk of the Illinois Pollution

Control Board, her

b certify that the, bove Concurring Opinion

was filed on the

______

day of

~

1983.

an L. Mof

,

Clerk

Illinois Pollution Control Board

52-42