ILLINOIS POLLUTION CONTROL BOARD

March 21,

1996

SPILL, MADISON COUNTY,

)

CONSERVATION ALLIANCE, SIERRA

)

CLUB, NAMEOKI TOWNSHIP CLERK

)

HELEN HAWKINS,

KATHY ANDRIA,

)

SHIRLEY CRAIN,

GLENDA FULKERSON,)

JOHN GALL, THELMA ORR, RON SHAW,)

AND PEARL STOGSDILL,

)

)

Petitioners,

)

)

v.

)

PCB 96-91

)

(Pollution Control Facility Siting

CITY OF MADISON, AND METRO-EAST,)

Appeal)

LLC,

)

)

Respondents.

)

CONCURRING OPINION (by J.

Theodore Meyer):

I agree with the majority

that

the

doctrine of fundamental fairness

under

Section 40.1

of the

Act requires that procedures at the

local level comport with due process standards

such

that

an

individual’s

interest

is

weighed

against

society’s

interest

in

effective

and

efficient

governmental operation.

(Industrial Fuels

& Resources/Illinois, Inc.

v.

IPCB,

227

Ill.

App.3d

533,

592

N.E.2d

148

(1st Dist.

1992);

Waste Management of Illinois,

Inc.

v.

IPCB,

175

Ill.

App.3d

1023,

530

N.E.2d 682

(2d Dist.

1989).)

While

serving as state

representative,

I was

Chairman

of

the

House

Environmental

Committee,

Co-chairman

of

the

Conference

Committee, presenter of the Conference

Committee’s report

and House sponsor of the

bill

on

hazardous

waste

which

covered matters

regarding local

siting approval.

&

parte

contacts,

such as the trip taken by aldermen of the

City of Madison,

are a proper element to consider

in

assessing fundamental fairness.

In this

case the

City of Madison,

not the operator,

initiated,

arranged and paid for the

trip to Michigan to

observe other waste wood burning facilities owned by

the operator.

It was

the City

of Madison’s

decision

not to

include opponents

to

the facility on

the trip, nor allow

opponents

to

question

those

that

went

on the

trip during

the

30-day

comment

period.

The

operator was

not involved

at

all

and should

not be

punished

for actions over

which

it had

no

control.

As

such, I concur in

this

matter to insist that this

decision not influence

future cases

where an operator does not participate or control trips taken by the local decision maker to any

of its other facilities.

---

2

J. Tl~’dore

Meyer

I, Dorothy M.

Gunn,

Clerk of the Illinois

Pollution Control

Board,

hereby

certify that

the above concurring opinion was

filed on the~~7~’day

of

l7leL..cL’

,

1996.

2c_~1

4~/&~

Dorothy Mi’~unn,Clerk

Illinois Pol(i/tion Control Board