ILLINOIS POLLUTION CONTROL BOARD
    March 11, 1992
    LAND AND
    LAKES COMPANY,
    JMC
    )
    OPERATIONS,
    INC.,
    and NBD
    )
    TRUST COMPANY OF ILLINOIS
    )
    AS TRUSTEE UNDER TRUST NO.
    )
    2624EG,
    )
    Petitioners,
    PCB 92—25
    v.
    )
    (Landfill Siting)
    )
    VILLAGE OF ROMEOVILLE,
    )
    )
    Respondent,
    COUNTY OF WILL, and
    )
    PEOPLE OF THE STATE OF
    )
    ILLINOIS,
    Intervenors.
    ORDER OF THE BOARD
    (by B.
    Forcade):
    Currently before the Board are
    1)
    a February 18,
    1992 motion
    for leave to identify additional materials to be incorporated
    from PCB 91-7 by Land and Lakes Company,
    JMC
    Operations,
    Inc.,
    and NBD Trust Co. of Illinois, as Trustee under Trust No.
    2624EG
    (“Land and Lakes”),
    2)
    a February 26,
    1992 motion to dismiss
    filed by the Village of Romeoville
    (“Romeoville”),
    3)
    a February
    26,
    1992 petition for leave of Will County to intervene filed by
    the States Attorney of Will County,
    and
    4)
    a March
    6,
    1992
    response of Land and Lakes to Roineoville’s motion to dismiss and
    the petition to intervene.
    Land and Lakes’ Motion for Leave to Identify Additional Materials
    to be IncorDorated
    In its motion, Land and Lakes requests that the testimony of
    Kevin Standbridge in PCB 91—7, found at C9035-9272 of the record
    in PCB 91-7, be included in the materials to be incorporated into
    this proceeding.
    Land and Lakes also requests that this Board
    waive the requirement that Land and Lakes file four copies of the
    material with the Board.
    The Board hereby grants the motion.
    Petition for Leave of Will CountY to Intervene
    In the petition for leave to intervene,
    the State’s Attorney
    for Will County argues,
    in part, that
    1) Will County participated
    at the hearing before the Village of Roineoville;
    2) Will County,
    “pursuant to explicit statutory authority has adopted and had
    in
    131—25
    2
    force at all relevant time,
    a solid waste management plan,
    •
    .
    .
    effective within the Village of Romeoville;
    3) Will County has
    a delegation agreement with the Illinois Environmental Protection
    Agency for inspections and enforcement of the Environmental
    Protection Act and Board regulations;
    4) Will County has an
    interest in the siting of such a facility within the county based
    on its interest in protecting the health and environment for the
    People of Will County;
    5)
    that most of the land around the
    facility is in unincorporated Will County and subject to its
    police power;
    6)
    Roineoville has an annexation agreement, which
    provided’ for siting review and revenue considerations,
    and this
    agreement and Romeoville’s findings may inadequately represent
    the interests of the People of Will County; and
    7)
    that the
    People of Will County will be affected and bound by this Board’s
    determination.1
    In response, Land and Lakes incorporates the arguments made
    in its February 19,
    1991 motion to reconsider and its March 12,
    1991 reply to Will County’s response to the motion to reconsider,
    both of which were filed in PCB 91-7.
    In addition, Land and
    Lakes argues that the State’s Attorney’s arguments are irrelevant
    to the current petition to review because this case concerns only
    Roineoville’s vote on remand from PCB 91-7,
    which vote only
    concerned the need for the proposed regional pollution control
    facility.
    For the reasons set forth in our February 7,
    1991 Order
    in
    PCB 91-7, the Board hereby grants the motion to intervene entered
    by the State’s Attorney for Will County.
    Motion to Dismiss
    Although Land and Lakes has filed a response to Romeoville’s
    motion to dismiss, the State’s Attorney of
    Will
    County did not
    have standing, until our ruling on the motion to intervene above,
    to file a response.
    Accordingly,
    the Board will reserve ruling
    on the motion to dismiss until the time for response has run,
    as
    calculated from today’s grant of the motion to intervene.
    IT IS SO ORDERED.
    J. Anderson and J. Theodore Meyer dissented.
    ‘These
    arguments
    are
    the
    same
    arguments
    that
    Will
    County
    presented in its January
    16,
    1991 petition for leave to intervene
    in PCB 91-7.
    131—26
    3
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on the
    ,‘
    /~
    ~
    day of
    _____________________,
    1992, by
    a vote of
    -6
    --
    /t~
    —-vc~ I~
    /
    /
    ~
    ~
    Dorothy ~
    Clerk
    Illinois/~llutionControl Board
    13 1—27

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