ILLINOIS POLLUTION CONTROL BOARD
February 17,
1994
LAND
AND
LAXES
COMPANY,
JMC,
)
OPERATIONS, INC., and NBD
)
TRUST COMPANY OF ILLINOIS
)
AS TRUSTEE UNDER TRUST NO.
)
2624EG,
Petitioner,
PCB
91-7
v.
)
PCB 92—25
(Landfill Siting)
(Consolidated)
VILLAGE OF ROMEOVILLE,
)
Respondent,
)
COUNTY OF WILL,
)
)
Intervenor.
ORDER
OF THE
BOARD
(by C.
A. Manning):
This matter is before the Board on petitoners’ motion for
release of record filed on February 2,
1994.
In that motion,
petitioners originally requested that the Board release the
record to one of the petitioners, the Land
& Lakes Company.
On
February 15,
1994, the County of Will filed a response to the
motion to release objecting to the Board’s release of the record
to Land
& Lakes; the county supports releasing the record instead
to the Village of Romeoville.
On February 16,
1994, the Board
received petitioners and respondent’s joint motion to supplement
motion for release.
Petitioners and respondnent now agree that
it would be appropriate to release the record to the Village in
lieu of the Land
& Lakes Company.
On December 2, 1993, the Board issued an order acknowledging
the appellate court decision remanding this matter directly to
the Village.
In support of the supplemental motion, petitioner
and respondent state that the record is critical for the Village
to comply with the appellate court’s remand.
The parties argue
that absent the record, the Village will be unable to comply with
the court’s order.
In addition, the parties note that the
Village has scheduled hearings for March 22 and 31.
The State Records Act requires the maintenance of records
except as provided by law
(5 ILCS 160/et.
seq.).
Here, the Board
concludes that release of the records in this on—going matter is
necessary for the Village to comply with the appellate court
order.
Accordingly, the Board hereby grants petitioner’s
supplemental motion.
The parties are given leave to contact the
2
Clerk of the Board to arrange procedures for the delivery of the
record.
The parties shall bear the cost of delivery.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify ~t
the above order was adopted on the
/7t~
day of
1994, by a vote of
‘-p
Control Board