ILLINOIS POLLUTION CONTROL BOARD
    April
    11,
    1991
    FRANK WHITLOCK, PATRICIA
    WHITLOCK, JANET BERGMAN,
    )
    MARVIN SAVAGE,
    SHIRLEY SAVAGE,
    )
    Individually and in Their
    Capacity as Representatives
    )
    of an Organization Known as
    CONCERNED CITIZENS AGAINST
    )
    LANDFILLS,
    Petitioners,
    v.
    )
    PCB 90—231
    )
    (Landfill Siting)
    MONTGOMERY COUNTY BOARD OF
    )
    SUPERVISORS, ROBERT BISHOP,
    )
    and ARMINDA BISHOP,
    Respondents.
    CONCURRING OPINION (R.C.
    Flemal and J. Theodore Meyer):
    Although we agree with the fact outcome reached
    in this
    case, we wish
    to concur
    in the majority opinion in this case. The
    Appellate Courtts strict construction of the notice requirements
    under Section 39.2(b) of the Act has resulted in decisions by the
    Board and the Courts in
    regional pollution control facilities
    (RPCF)
    siting appeals being based on procedural grounds.
    These
    cases are decided without reaching the merits of the case.
    Once
    jurisdiction
    is found
    to be lacking,
    the local boards decision
    is vacated.
    Therefore,
    the RPCF siting process must begin
    again.
    We feel that judicial economy would be better served by a
    less strict construction which would allow the Board
    to view the
    facts of a case to determine if
    rejudice has occurred.
    onald
    C. Flemal
    J. Theodore Mey~er
    121—59
    —2—
    I, Dorothy
    M.
    Gunn, Clerk of the Illinois Pollution Control
    Board,
    hereby certify that the above Concurring Opinion was
    submitted on the
    /~Z~day of
    ________________~
    1991.
    Dorothy M. ~unn,
    Clerk
    Illinois Pollution Control Board
    121—60

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