ILLINOIS POLLUTION CONTROL BOARD
January
27,
1983
BROWNING FERRIS INDUSTRIES,
INC.,
)
Petitioner,
v.
rJA~ECOUNTY BOARD OF SUPERVISORS,
)
PCB 32—101
Respondent,
and
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
Intervenor.
ORDER OF THE BOARD
(by J.
Anderson):
On January
5,
1983, Lake County moved the Board to stay its
December
2,
1982 Order affirming in part and reversing
in part
the County’s decision to grant site location approval, with con-
ditions,
to “Winthrop Harbor/BFI Site
#2”.
The County seeks a
stay pending appeal of the Board’s Order to the Appellate Court.
The grounds for the motion are that BFI has sought Agency approval.
to accept special waste streams
at: the site,
and that
the County
believes that such streams should not be accepted given the
Board’s reversal of the
12 of the County’s “public health,
sa~et:y’
and welfare” approval conditions.
On January 19 and 20,
1983,
the Agency and BFI filed responses in opposition
to grant
off
stay,
essentially arguing that no new evidence has been presented
to the
Board concerning likelihood of irreparable environmental harm, oc
of the County’s likelihood of prevailing on the merits of its
appeal.
The Board has disregarded information contained
in
the
motion concerning waste streams
to he directed to
t3F1 Site
#1 as
irrelevent,
as the Board’s order relates
to RFI Site #2 only.
The motion for stay
is denied.
IT IS SO ORDERED.
Board Chairman
3. Dumelle dissented.
I, Christan L. Moffett,
Clerk of the Illinois Pollution
Control Board, hereby certify that the above Order was adopted
on the
~
day of
~
1983 by a vote of
~.
,.~
~
~‘
Christari
I,.
MofEett,
Clerk
Illinois Pollution Control Board
51-55