ILLINOIS POLLUTION CONTROL BOARD
    December
    2,
    1993
    LAND AND LAKES,
    COMPANY,
    JNC
    )
    OPERATIONS,
    INCORPORATED, and
    NBD TRUST COMPANY OF ILLINOIS
    )
    AS TRUSTEE
    UNDER
    TRUST NO.
    )
    2624EG,
    Petitioners,
    v.
    )
    PCB 92—25
    )
    (Landfill Siting
    )
    Review)
    VILLAGE OF RONEOVILLE,
    )
    Respondent,
    COUNTY OF WILL,
    and THE PEOPLE
    )
    OF THE STATE
    OF ILLINOIS,
    )
    Intervenors.
    ORDER OF THE BOARD
    (by M.
    Nardulli):
    This matter is before the Board on its own motion.
    On June
    30,
    1993 the Appellate Court for the Third District of Illinois
    reversed and remanded the Board’s opinion and order in PCB 92—25.
    PCB 92-25
    is a landfill siting review matter which incorporated
    materials and considered issues first raised in PCB 91—7.
    In PCB 91-7,
    the Board’s order of August
    26, 1991 held that
    the Village of Romeoville failed to comply with Section 39.2(d)
    of the Environmental Protection Act
    (415 ILCS
    5/39.2(d) (1992)).
    The
    Board found
    the
    Village’s decision was void and, therefore,
    approval
    of the siting was granted by operation of
    law.
    Upon
    reconsideration,
    the Board on December
    6,
    1991,
    reversed itself
    and vacated its August
    26, 1991 order,
    finding that the Village
    had
    in fact given proper notice.
    The Board also found that the
    Village had not issued a definitive approval or denial on
    criterion
    1.
    The matter was then remanded to the Village for
    determination solely as to criterion
    1.
    On January
    3,
    1992, the
    Board closed PCB 91-7 and directed petitioners to file a
    new
    petition for review should they wish to contest the Village’s
    decision on remand.
    Petitioners appealed the Board’s December
    6,
    1991 decision
    to the appellate court.
    On June
    30,
    1992, the court granted the
    Board’s motion to dismiss,
    finding that the Board’s December
    6,
    1991 decision was interlocutory and not subject to review.
    On remand,
    the Village again denied siting approval.
    On
    February 13,
    1992,
    petitioners again filed a petition for review
    with
    the Board of the Village’s decision and requested
    2
    incorporation of materials from PCB 91—7.
    On June
    4,
    1992,
    in
    new Board docket PCB 92-25, the Board approved the incorporation
    of the materials from PCB 91-7 and upheld the Village’s denial of
    siting approval.
    On July
    1,
    1992, petitioners filed with the Appellate Court
    for the Third District of Illinois a petition for review of the
    Board’s decision in PCB 91-7 and PCB 92-25.
    The appellate court
    issued a decision on May 27,
    1993,
    and a modified decision on
    June 30,
    1993, reversing the Board and remanding the matter to
    the Village.
    The appellate court stated:
    We conclude that, based upon the record, the Board
    erred when it did not remand this cause to the Village
    with instructions that the Village conduct a completely
    new public hearing to assure fundamental fairness in
    the administrative process.
    For the reasons indicated,
    we reverse the rulings of the Board and remand the
    cause to the Village so it can hold a new public
    hearing on the petitioners’ application for expansion
    of the landfill.
    Land and Lakes
    v. Village of Romeoville
    (3rd Dist. June
    30,
    1993)
    ,
    No.
    3—92—0496,
    slip op.
    at 19.
    Respondent’s petition for leave to appeal from appellate
    court was denied by the Illinois Supreme Court on October
    6,
    1993.
    The Board received notice of the appellate court’s mandate
    on November
    17,
    1993.
    The Board notes that the appellate court remanded this
    matter directly to the Village for a new hearing.
    Thus,
    the
    matter before the Board is concluded and PCB 92-25’
    is hereby
    closed.
    Any appeals of the Village’s decision on remand may be
    made to the Board pursuant to Section 40.1(a)
    of the Act,
    at
    which time the Board will open a new docket.
    IT IS SO ORDERED.
    I,
    Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board,. hereby certify ~that the above order was adopted on the
    ~
    day of
    -~
    ~-
    (
    ~
    ,
    1993,
    1~ya vote of
    ________________
    /
    (/_,
    /
    ~
    /
    I
    ~Dorothy
    N. /G~Lnn, Clerk
    Illinois Pollution Control Board
    1
    We note that both PCB 91-7 and PCB 92—25 were before the
    appellate court.
    However, the Board had previously closed PCB 91-
    7; thus PCB 92-25 was the only matter still before the Board prior
    to
    this
    order.

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