ILLINOIS POLLUTION CONTROL BOARD
    February 25, 1993
    ALICE ZEMAN,
    et al.,
    )
    )
    Petitioners,
    PCB 92—174
    v.
    )
    (Landfill Siting Review)
    )
    (Consolidated with PCB 92—177)
    VILLAGE OF SUMMIT and WEST
    )
    SUBURBAN
    RECYCLING
    AND
    )
    ENERGY
    CENTER,
    INC.
    )
    )
    Respondents.
    DONNA
    QUILTY,
    )
    )
    Petitioner,
    )
    PCB 92—177
    V.
    )
    (Landfill Siting Review)
    )
    (Consolidated with PCB 92-174)
    VILLAGE OF SUMMIT and WEST
    )
    SUBURBAN
    RECYCLING
    AND
    )
    ENERGY CENTER, INC.
    )
    )
    Respondents.
    CONCURRING OPINION (by 3. Theodore Meyer):
    I agree with the majority that Summit’s failure to allow
    interested persons to view and copy the application for siting
    approval denied those persons fundamental fairness.
    Section
    39.2(c) of the Environmental Protection Act clearly requires that
    all documents on file with the village clerk must be available
    for public inspection and copying, upon payment of the actual
    costs of reproduction.
    (415 ILCS 5/39.2(c).)
    However, because
    fundamental fairness was abridged even before the hearing began,
    I believe that the Board’s inquiry should have ended there.
    All
    of the subsequent discussion of the local hearing, and the
    finding that fundamental fairness was denied at that hearing, is
    simply dicta.
    The majority has created a thicket of dicta, and
    it is unfortunately inevitable that this dicta will be cited as
    authority at some time in the future.
    I believe that we should
    have ended our inquiry into this case as soon as we found the
    unavailability of the application to be fundamentally unfair.
    In addition,
    I am bothered by the implication that the
    applicant will be denied any appeal of the Board’s decision at
    this time,
    since the Board has ordered a remand.
    I do not
    believe that the Board can decide whether an order is appealable.
    That decision belongs only to the appellate court.
    0
    J 39-0587
    2
    For these reasons,
    I concur.
    J~~eyer
    B
    rd Member
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board
    hereby certify that the above concurrence was filed on the
    _____
    day of
    ____________,
    1993.
    Dorothy N. ann,
    Clerk
    Illinois P
    lution Control Board
    0139-0588

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