ILLINOIS POLLUTION CONTROL BOARD
    December 16, 1993
    LARRY
    SLATES, LONNIE
    )
    SEYMOUR, JAMES KLABER,
    FAYE NOTT, 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 J. Theodore Meyer):
    This matter is before the Board on two motions to
    reconsider. On October 25, 1993, respondent the City of
    Hoopeston (Hoopeston) filed its motion to reconsider. Respondent
    Illinois Landfills, Inc. (ILl) filed its motion to reconsider on
    October 27, 1993. On November 18, 1993, petitioners Larry
    Slates, Lonnie Seymour, James Klaber, Faye Mott, and Hoopeston
    Community Memorial Hospital (collectively, petitioners) filed
    their response in opposition to both motions to reconsider.
    Both motions ask that the Board reconsider our September 23,
    1993 decision reversing Hoopeston’s grant of siting approval to
    ILl. The Board, with one member dissenting, found that
    Hoopeston’s decision on criterion one did not comport with the
    requirements of Section 39.2(a) of the Environmental Protection
    Act (Act). (415 ILCS 5/39.2(a) (1992).) Hoopeston’s written
    decision stated that “the facility is necessary to accommodate
    the waste needs of the City of Hoopeston and the Vermilion County
    Area”, while the statute requires that the local decisionmaker
    consider whether the proposed facility is necessary to
    accommodate “the waste needs of the area it is intended to
    serve.” (Emphasis added.) Because it was uncontested that the
    proposed service area is a 31—county area in Illinois and Indiana
    (Tr. at 26; C439), the Board held that Hoopeston’s decision is at
    odds with the requirements of Section 39.2. The Board found that
    remand was inappropriate, and that Hoopeston’s decision must be
    reversed. (Slates v. Illinois Landfills. Inc. (September 23,
    1993), PCB 93—106, slip op. at 19—21.)
    In ruling upon a motion for reconsideration the Board is to
    consider, but is not limited to, error in the decision and facts
    in the record which may have been overlooked. (35 Ill. Adm. Code
    101.246(d).) In Citizens Against RecTional Landfill v. County

    2
    Board of Whiteside County (March 11, 1993), PCB 93-156, we stated
    that
    ~‘
    t)he intended purpose of a motion for reconsideration is
    to bring to the court’s attention newly discovered evidence which
    was not available at the time of hearing, changes in the law or
    errors in the court’s previous application of the existing law.
    (Koro~luyanv. Chicago Title & Trust Co. (1st Dist. 1992), 213
    Ill.App.3d 622, 572 N.E.2d 1154, 1158.)” We grant both motions
    to reconsider so that we can address several arguments made by
    Hoopeston and ILl. However, we reaffirm our September 23, 1993
    opinion and order finding that Hoopeston’s decision must be
    reversed.
    Both Hoopeston and ILl contend that the Board should remand
    this matter to Hoopeston so that Hoopeston can clarify its
    decision. Hoopeston states that it “intended to approve the
    service area as defined by the applicant.” (Hoopeston motion at
    2.) Hoopeston contends that a reversal of its decision punishes
    it by “refusing to recognize the hard work and substantial
    resources committed to the review of complicated materials, the
    time devoted to taking and weighing the evidence and the care
    with which (Hoopeston) decided at least eight of the nine
    statutory points.” (Hoopeston motion at 2.) Hoopeston argues
    that reversal does not end the matter for it, as the applicant is
    very likely to re—apply for site approval. Hoopeston maintains
    that a remand for clarification would preserve Hoopeston’s effort
    in rendering a decision on eight criteria, and would allow
    Hoopeston to correct the decision to reflect its intention to
    find that ILl had established a need for the intended service
    area.
    Initially, the Board states that we are sympathetic to the
    effort invested by Hoopeston in this process. However, the Board
    has a statutory obligation, set forth in Section 40.1 of the Act,
    to review Hoopeston’s decision to determine whether it complies
    with the requirements of Sections 39.2. In this case, we
    concluded that the decision did not comply with the requirements
    of criterion one of Section 39.2(a). The fact that Hoopeston
    spent a great deal of effort in this process, or that its
    decision complied with the statute on eight of nine criteria does
    not change the fact that the decision on criterion one does not
    comply with statutory requirements. The Act clearly states that
    local siting approval shall be granted only if the proposed
    facility meets all of the statutory criteria. Thus, the Board
    can only affirm local decisions where we uphold all of the
    applicable statutory criteria.
    As to Hoopeston’s request that the matter be remanded so
    that it may “correct” its decision to reflect its intent, we
    reiterate that Sections 39.2 and 40.1 require that the local
    decisionmaker set forth its decision in writing, and that this
    Board review that written decision. We know of no authority
    which would allow us to consider a local decisionmaker’s intent,

    3
    as opposed to the written decision issued by that decisionmaker.
    The Board believes that allowing a decisionmaker to “correct” its
    written decision to comply with an “intent” articulated after
    appeal of a local decision would lead to chaos. All persons
    involved in a local siting process should be able to rely on that
    written decision as the final expression of the local
    decisionmaker’ s findings.
    ILl also contends that this matter should be remanded to
    Hoopeston, and asserts that a remand is consistent with
    principles that have guided this Board and the appellate courts
    in reviewing landfill siting cases. ILl points to the Board’s
    decision in Land & Lakes Co. v. Villa~eof RoiTteoville (December
    6, 1991), PCB 91-7, where the Board ordered a remand for
    clarification. ILl contends that remand is “even more necessary”
    in this case than in Land & Lakes, because in this case,
    Hoopeston found that the facility was necessary to serve
    Hoopeston and the Vermilion County area, as contrasted with Land
    & Lakes, where the decisionmaker found that the facility was not
    necessary. ILl also maintains that even if it were true that
    Hoopeston intended to alter the service area, reversing that
    decision would allow local decisionmakers to deny applications by
    amendment. ILl argues that Hoopeston’s error should not result
    in prejudice to the applicant.
    We are not persuaded by ILl’s claims that remand is even
    more appropriate in this case than it was in Land & Lakes. As we
    discussed in our September 23 opinion in the instant case, we
    have remanded cases where we have found a violation of
    fundamental fairness, where the local decisionmaker voted on only
    one criterion, and where, as in Land & Lakes, we were unable to
    determine whether the local decisionmaker denied the siting
    request, or approved the request with conditions. None of these
    situations are present in this case. Hoopeston clearly found, in
    its written decision, that the proposed facility was necessary
    for only a portion of the proposed service area. There is no
    ambiguity in that written decision, and thus remand is
    inappropriate.
    It is true that in this case ILl, as the applicant, is
    negatively affected by the reversal of Hoopeston’s decision.
    However, we know of no authority which would allow us to reach
    any other conclusion but the conclusion reached in our September
    23 opinion: that Hoopeston’s decision, which does not comport
    with the statutory requirements of Section 39.2(a), must be
    reversed. The Board has an obligation to review the entire local
    decisionmaking process. Sometimes a finding that a local
    decisionmaker erred may work in favor of an applicant (as in the
    case of a failure to make a timely decision pursuant to Section
    39.2(e)), while other times such a finding may work in favor of
    objectors to the siting. The Board’s statutory responsibility is
    to review the process and decision pursuant to the scheme

    4
    established by the legislature, and we find that we have done so
    in this case.
    In the alternative, ILl contends that the Board should
    simply affirm Hoopeston’s original siting approval. ILl claims
    that Metropolitan Waste Systems. Inc. v. Pollution Control Board
    (3d Dist. 1990), 201 Ill.App.3d 51, 558 N.E.2d 785, does not
    apply to this case. We are not persuaded by ILl’s attempts to
    distinguish Metropolitan Waste, and note that our decision that
    Hoopeston’s finding on criterion one did not comport with the
    statutory requirements was based only in part on Metropolitan
    Waste.
    In sum, the Board reaffirms our September 23, 1993 decision
    that Hoopeston’s decision on criterion one did not comport with
    the statutory requirements of Section 39.2, and that reversal,
    not remand, is the proper remedy.
    IT IS SO ORDERED.
    R. Flemal dissented, and M. McFawn abstained.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above order was adopted on the
    /(r/~ day of
    ______________,
    1993, by a vote of
    5-/
    Control Board

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