ILLINOIS POLLUTION CONTROL BOARD
    April
    6,
    1989
    WASTE MANAGEMENT OF ILLINOIS,
    INC.
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 88—190
    LAKE COUNTY BOARD.
    Respondent.
    CONCURRING OPINION
    (by
    3.
    Anderson and
    3.
    T.
    Meyer):
    While we agree with the Order
    upholding
    the County’s
    decision,
    we disagree with the accompanying Opinion
    insofar
    as it
    upholds
    the County on Criterion #1.
    This
    Board,
    like
    the
    County,
    must
    base
    its
    determinations
    on
    the
    evidence
    in
    this
    record.
    Even
    applying
    the
    manifest
    weight
    of review standard,
    this record does not support the County’s
    decision.
    We note with particular concern that this Board’s rationale
    for upholding the County seems
    to suggest that
    the County may,
    in
    the absence of any rebuttal
    testimony, exercise its discretion on
    Criterion
    #1 based on prior
    proceedings or on solid waste
    management goals that have yet to
    be implemented
    as plans
    (See
    Criterion
    #8).
    For the foregoing
    reasons, we respectfully concur.
    ~
    ~oan
    G.
    Anderson
    ~\j
    T.
    Meyer
    \,
    I,
    Dorothy
    M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certif~ythat the above Co~currjngOpinion was
    submitted
    on the
    ~
    day of
    ——____
    _______,
    1989.
    98—67

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