ILLINOIS POLLUTION CONTROL BOARD

May 18,

1995

LARRY

SLATES, LONNIE

)

SEYMOUR, JAMES KLABER,

FAYE MOTT,

and HOOPESTON

COMMUNITY MEMORIAL HOSPITAL,

)

)

Petitioners,

)

v.

)

PCB 93—106

)

(Landfill Siting Review)

ILLINOIS LANDFILLS, INC., and

)

HOOPESTON CITY COUNCIL,

on

)

behalf of the CITY OF

)

HOOPESTON,

Respondent.

ORDER OF THE BOARD

(by G.

T. Girard):

On May 2,

1994, the Board received a mandate from the

Illinois Appellate Court Fourth District (Illinois Landfills,

Inc. v.

IPCB,

et al,

4—94-0041, April 28,

1994), reversing and

remanding the Board’s September 23,

1993 order in this case.

The

Board’s September 23,

1993 order reversed the City of Hoopeston’s

(City) decision granting site approval to Illinois Landfills,

Inc.

for expansion of a regional pollution control facility.

The

City’s finding that the facility was necessary for only a portion

of the service area,

as defined by the application filed with the

City, did not meet the need criteria

(Section 39.2(a) (1)

of the

Act)

according to the

Board.

The Court stated,

in pertinent

part:

we remand the case to the Board for remand to the

City for a complete finding on whether the

proposed expansion is necessary to meet the waste

needs of the proposed service area.

The City’s

finding in this regard is to be based upon the

existing record in the case.

No new evidence as

to the need for the facility need be taken or

considered.

(Illinois Landfills.

Inc.

v.

IPCB.

et al, 4—94—0041,

(April 28,

1994)

at 17.)

Therefore, the Board reinands this case to the City of

Hoopeston for proceedings consistent with the Illinois Appellate

Court Fourth District order.

---

IT IS SO ORDERED.

I,

Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certf

that the above order was adopted on the

/

~

day of

-

~—‘.-~

,

1995, by

a vote of

~.

-v

Control Board