ILLINOIS POLLUTION CONTROL BOARD
May 1, 2003
WASTE MANAGEMENT OF ILLINOIS,
INC.,
Petitioner,
v.
COUNTY BOARD OF KANE COUNTY,
Illinois,
Respondent.
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PCB 03-104
(Pollution Control Facility Siting
Appeal)
ORDER OF THE BOARD (by N.J. Melas):
On April 16, 2003, the County Board of Kane County (Kane County Board) filed a
motion to file a petition to enforce an ordinance and host community benefit agreement
(agreement) between the Kane County Board and Waste Management of Illinois, Inc. (Waste
Management). The agreement was executed as a result of negotiations between Waste
Management and the Kane County Board regarding the proposed siting of a waste transfer
facility in Kane County, the denial of which is the subject of this appeal by Waste Management.
The Kane County Board now seeks to enforce the agreement between the parties that obligates
Waste Management to pay the Kane County Board’s attorney fees, totaling $44,758.00.
This siting appeal is not the proper forum for the Kane County Board’s claim. Waste
Management’s siting appeal to the Board is authorized by the Environmental Protection Act.
See
415 ILCS 5/40.1(a) (2002). The same cannot be
said of the Kane County Board’s petition to
enforce the agreement on attorney fees. Accordingly, the Board denies the Kane County Board’s
motion and does not accept the petition.
IT IS SO ORDERED.
Board Member D.C. Karpiel abstained.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on May 1, 2003, by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board