ILLINOIS POLLUTION CONTROL BOARD
    December
    6,
    1991
    LAND
    AND
    LAKES
    COMPANY,
    JMC
    )
    OPERATIONS,
    INC.,
    and
    NBD
    TRUST
    COMPANY
    OF
    ILLINOIS
    )
    AS
    TRUSTEE
    UNDER
    TRUST
    NO.
    )
    2624EG,
    Petitioners,
    PCB 91—7
    v.
    )
    (Landfill Siting)
    VILLAGE OF ROMEOVILLE,
    )
    )
    Respondent,
    )
    COUNTY
    OF
    WILL,
    and
    )
    PEOPLE
    OF
    THE
    STATE
    OF
    )
    ILLINOIS,
    )
    Intervenors.
    CONCURRING OPINION
    (by J. Anderson):
    I agree with the reasoning of the majority’s Supplemental
    Opinion.
    The Board’s decision to remand arguably is not an
    unacceptable outcome, but given the particular circumstances in
    this case,
    I would have been more comfortable simply to hold that
    the siting is deemed approved.
    Romeoville did not make a valid
    decision within the statutory deadline in conformance with the
    mandates of Sections 39.2(a) and
    (e)
    of the Act, no matter how
    one speculates as to whether the Village Board’s actions
    constituted approval or denial.
    Are we inappropriately giving
    Romeoville a second “bite of the apple”?
    This record makes it
    abundantly clear that Romeoville’s decisioniiiaking process was
    driven by their desire to require Land and Lakes to restrict its
    service area to Will County although the decisioniuakers knew that
    an appellate court had already held that this could not be a
    consideration in their decision.
    It is for these reasons that
    I respectfully concur.
    ~Toan
    G.
    Anderson
    128—47
    2
    I,
    Dorothy
    M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Concurring Opinion was filed
    on the
    ~
    3~~-a’4
    day
    of
    I
    ,
    1991.
    ~
    ~borothy M,~fGunn,Clerk
    Illinois
    ~ol1ution
    Control
    Board
    128—48

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