ILLINOIS POLLUTION CONTROL BOARD
March 14, 1991
LAND AND LAKES COMPANY, JMC
)
OPERATIONS,
INC. AND NBD
)
TRUST COMPANY OF ILLINOIS
)
AS TRUSTEE UNDER TRUST NO.2624EG,
Petitioners,
v.
)
PCB 91-7
(Landfill
Siting)
VILLAGE OF ROMEOVILLE,
)
Respondent,
COUNTY OF WILL,
Intervenor.
ORDER OF THE BOARD
(by B.
Forcade):
On February 19,
1991,
Land
and Lakes Company, JMC
Operations, and NBD Trust Company of Illinois as Trustee under
Trust No. 2624EG (hereinafter “Land and Lakes”)
filed a Motion to
Reconsider the Board Order of February
7,
1991, granting
intervenor status to the County of Will.
That motion also
requested oral argument.
On March 5,
1991, the County of Will
filed a response.
Land and Lakes filed a motion for leave to
file reply instanter on March 12,
1991.
Land and Lakes’
request for oral argument
is denied.
Land
and Lakes motion for leave to file a reply is denied.
The
Board’s procedural rules at 35 Ill.
Adm.
Code 101.241(c)
provide
that a reply is not permitted except as the Board shall rule to
prevent material prejudice.
Here,
Land and Lakes has not
asserted that material prejudice woul~1result from lack of a
reply, and the Board finds no basis,
on its own examination, to
conclude that material prejudice would result.
The motion for reconsideration is granted.
After reviewing
all of the arguments presented in the pleadings, the Board
believes the decision to grant intervenor status to the People of
Will County represented by the State’s Attorney of Will County
was correct and affirms that decision.
Board member Joan G. Anderson concurred.
IT IS SO ORDERED.
120—69
2
I, Dorothy N. Gunn,
Clerk of the Illinois Pollution ControlBoar~1ereby
~
1991, by a vote of
~
e Order was adopted on the
/
dayof
Dorot~n,
Clerk
Illinois Pol~,LitionControl Board
120—70