ILLINOIS POLLUTION CONTROL BOARD

August 11, 1994

LAND AND LAKES COMPANY,

)

JMC

OPERATIONS, INC., and

)

NBD TRUST COMPANY OF

)

ILLINOIS as trustee under

)

Trust No. 2624EG,

)

)

Petitioners,

v.

)

PCB 94—195

)

(Land Siting Review)

VILLAGE OF ROMEOVILLE,

)

Respondent.

ORDER OF THE BOARD (by J. Theodore Meyer):

This matter is before the Board on a number of motions.

First, on August 8, 1994, a group of persons represented by the

law firm of Schwartz & Freeman filed a petition for leave to file

an

amicus curiae

brief. The petition states that these persons

appeared at the hearings held by respondent Village of

Romeoville, that many of the persons participated in the first

hearings in this matter (held in September 1990), and that the

persons are business and residential property owners near the

Land and Lakes facility. The petition for leave to file an

amicus curiae

brief is granted.

Second, on August 9, 1994, the Village filed a motion to

extend time to file the record, along with a motion for relief

from the requirement that the motions be filed on recycled paper.

That motion is granted, as to the instant motions only. As to

the motion for extension of time to file the record, the Village

notes that the record is due on August 11, but states that due to

delays in receiving the Board’s order, the voluminous content of

the record, and the Village Clerk’s other duties, compilation of

the record cannot be completed by that date. The Village asks

for an extension until August 25, 1994. That motion is granted:

the record is now due on August 25, 1994.

Third, on August 9, 1994, petitioners Land and Lakes Co.,

JMC Operations, Inc., and NBD Trust Company of Illinois as

Trustee under Trust No. 2624 EG (collectively, petitioners),

filed a motion for relief from Board order. In essence,

petitioners seek relief from the requirement, set forth in the

Board’s July 21, 1994 order in this matter, that the Village file

seven copies of the entire transcript of hearings before the

Village and three copies of other documents in the record.

Petitioners state that the record is in excess of 20,000 pages,

and that the large size of the record is partly due to the

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introduction of materials relating to criteria and issues other

than the need criterion, over petitioners’ objections that only

the need criterion was at issue before the Village. Petitioners

propose that the Village submit the required seven copies of the

certificate of record, but that the Village be required to submit

seven copies of the transcripts relating only to the need

criterion, as well as three copies of other documents relating to

the need criterion. As to transcripts and documents not related

to the need criterion, petitioners propose that the Village

submit only the original.

Petitioners’ motion for relief from Board order is granted

in part and denied in part. The request that the Village be

allowed, or required, to separate portions of the record

according to the subject matter of that record is denied.

Although petitioners contend that only the need criterion is

properly at issue, the Board cannot reach that conclusion at this

time. Because we are required to review the Village’s decision,

we must have the entire record before us. We will, however,

allow the Village to file just the original of the documents in

the record (excluding the transcript). Thus, the Village shall

file seven copies of all transcripts from the 1994 local

hearings, and the original of all other documents. The Village

need not file the transcripts from the local hearings at issue in

PCB 91-7 and PCB 92-25.

In a related matter, in their July 19, 1994 petition for

review, petitioners attempt to incorporate by reference the

entirety of the records in PCB 91-7 and PCB 92-25, as well as the

briefs and the decisions of the appellate court in case no. 3-92-

0496. As we noted in our July 21, 1994 order, petitioners have

failed to satisfy the requirements of Section 101.106 of our

procedural rules. (35 Ill. Adm. Code 101.106.) That section

requires a person seeking incorporation to file four copies of

the material to be incorporated. The Board will allow the

incorporation of the records in PCB 91-7 and PCB 92-25, as well

as the briefs and decisions of the appellate court in case no. 3—

92—0496. Because of the extensive history of this case,

including multiple remands, and the voluminous nature of the

records, the Board will allow the incorporation of the Board

records in PCB 91-7 and PCB 92-25 without requiring the

petitioner to provide copies. To the extent that the records of

the previous Board cases have been incorporated into the record

before the Village on this remand, the Village is responsible for

that submission. However, petitioners shall provide one copy of

the briefs and decisions from the appellate court case. Those

submissions shall be made no later than August 25, 1994.

Finally, on August 8, 1994, Will County filed a petition for

leave to intervene. Because the response time has not yet

expired, the Board will defer ruling on that motion.

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IT IS SO ORDERED.

I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control

Bo~rd,hereby certify1 that the above order was adopted on the

//~-

day of

_____________,

1994, by a vote of ~—C.

~,

Dorothy N. 4~unn, Clerk

Illinois P~’11ution Control Board