ILLINOIS POLLUTION CONTROL BOARD
    October 10,
    1991
    RICHARD WORTHEN, CLARENCE BOHM,
    )
    HARRY
    PARKER, GEORGE ARNOLD,
    CHARLES CRISWELL, THOMAS GIBSON,
    CITY OF EDWARDSVILLE, CITY OF
    TROY, VILLAGE OF MARYVILLE,
    VILLAGE OF GLEN CARBON,
    SAVE ALL
    FARivILAND
    AND
    ENVIRONMENTAL RESOURCES,
    and
    MADISON COUNTY CONSERVATION
    )
    ALLIANCE
    PCB 91—106
    Petitioners,
    )
    (Landfill Siting
    )
    Review)
    v.
    VILLAGE OF ROXANA and
    LAIDLAW WASTE SYSTEMS
    (MADISON),
    )
    INC.
    Respondents.
    DISSENTING OPINION
    (by J.D. Dumelle):
    There are three main issues in this case on which
    I dissent
    from the majority.
    The first issue was that of fundamental fairness.
    Landfill
    siting
    cases
    usually
    produce
    high
    citizen
    participation
    and
    comment.
    It
    is
    inherent
    in such a proceeding that citizens must
    be given ample time in which to voice their concerns
    if fairness
    is to exist.
    Ample time was not given in the instant case.
    The applicants
    had the better part of three
    full days in which to put on their
    case
    (with cross-examination by the opponents,
    of course) but the
    public had less than an hour to voice its concerns.
    The hearings for the applicant were on April
    8,
    10, and 11 and
    generated 650 pages of transcript.
    The public comment hearing on
    April 15 had citizens limited to five minutes each.
    Only 37 pages
    of transcript were then generated.
    That hearing ran from 7:10 p.m.
    until
    8:03
    p.m.
    or
    53 minutes
    in
    all.
    The
    limiting of public
    comments to five minutes each was obviously fundamentally unfair.
    The second issue was that of Criterion No.
    1 relating to the
    need for the landfill.
    The Appellate Court has given this Board
    guidance in judging this Criterion.
    In a recently received opinion the Appellate Court stated:
    With
    respect
    to
    the
    requirement
    of
    showing
    126—467

    that
    the
    new
    landfill
    is
    necessary
    to
    accommodate the waste needs of the area
    it
    is
    intended to serve, the applicant need not show
    absolute
    necessity.
    However,
    the
    applicant
    must demonstrate
    an urgent
    need
    for the new
    facility as well as the reasonable convenience
    of establishing a new or expanding an existing
    landfill.
    (Waste
    Management
    of
    Illinois
    v.
    Pollution Control Board
    (1988), 175 Ill.App.3d
    1023,
    1031,
    530 N.E.2d
    682,
    689).
    (Emphasis
    added).
    Horace File,
    et al.
    v.
    D
    & L Landfill,
    Inc., Bond County Board of
    Supervisors and Illinois Pollution Control
    Board,
    No.
    5-90—0630,
    Slip.
    Op.
    at 14—15
    (5th Dist., Oct.
    3,
    1991).
    Note
    the key
    phrase
    of
    “urgent
    need”.
    Some
    25
    years
    of
    capacity in Madison County (R.1l2) and 41 years of capacity in St.
    Clair
    County
    are
    said
    to
    exist.
    How
    then
    is
    “urgent
    need”
    satisfied?
    The applicant in this proceeding has limited its service area
    to
    Madison,
    St.
    Clair,
    and
    Monroe
    counties.
    (Note:
    Monroe
    County’s solid waste output
    is said to be quite small compared to
    the other two counties.)
    Since it has limited its service area the
    applicant then must show an
    “urgent need”
    in spite
    of
    existing
    capacity.
    To argue that the importation of refuse from the
    St.
    Louis area or elsewhere
    (New Jersey and New York perhaps?)
    makes
    the
    landfill urgently
    needed
    is
    to destroy any meaning
    to
    the
    Criterion.
    Any applicant anywhere can raise the specter of refuse
    imports to satisfy Criterion No.
    1.
    The General Assembly meant the
    need criterion to be met as reasonable people would evaluate it.
    The third issue is one of extreme importance to Illinois and
    is one of first impression.
    It is that of Criterion No.
    8
    (Section
    39.2 of the Environmental Protection Act) relating to county solid
    waste management plans.
    It reads:
    local siting approval shall be granted only
    if the proposed facility meets the following
    criteria:
    8.
    if
    the
    facility
    is
    to be
    located
    in
    a
    county where
    the county board has adopted
    a
    solid waste management plan,
    the facility
    is
    consistent with that plan.
    There
    are
    obviously
    two
    elements to
    the
    determination
    of
    adherence to Criterion No.
    8.
    One element is the adoption by the
    Madison
    County
    (where
    Roxana
    is
    located)
    of
    a
    solid
    waste
    management plan.
    The second element is consistency of the facility
    with the plan.
    In
    this proceeding,
    Roxana,
    in
    its May
    20,
    1991
    adopted
    126—468

    report of Hearing Committee stated in “h”:
    The drafts of the Madison County Solid Waste
    Management Plan, as presented by the evidence,
    documents and testimony,
    are considered as if
    such plan
    is
    in
    full
    force
    and
    effect;
    the
    facility is consistent with such plan.
    (p.3)
    Since the decision maker,
    the Village of Roxana,
    has deemed
    the Madison County solid waste management plan to be in full force
    and effect there
    is no
    issue on this point.
    Roxana has asked
    to
    be judged
    on this Criterion on the second point only, namely, the
    consistency issue.
    The testimony of Michael
    Coulson,
    who worked
    on the solid
    waste management plan as manager of environmental planning for the
    East-West Gateway Coordinating Council,
    is exactly on point.
    His
    testimony,
    repeated several
    times,
    is that the plan’s
    intent was
    that no new landfills be sited for a three year period.
    See the
    April
    11,
    1991 hearing
    R.
    558—617
    but especially
    R.
    562—564,
    R.
    576—577, and R.
    591—593.
    The language of the landfill prohibition
    is on p.
    78 of Exhibit 82.
    The third paragraph on this page is the
    operative language and must be read with Mr.
    Coulson’s testimony
    in mind.
    The General Assembly has required solid waste management plans
    from all of Illinois’
    102 counties.
    In its wisdom it has required
    that proposed new landfills or any other facilities be consistent
    with those plans.
    Obviously a new landfill, as here proposed, does
    not square with
    a 3-year ban on all new landfills.
    If
    solid waste planning
    is to mean anything in Illinois
    it
    must be followed once a county has enacted such a plan.
    To allow
    this landfill
    in the face of the plan’s ban is to render all solid
    waste plans required to be devised by 102 counties capable of being
    breached at any time by any village or city.
    The plan requirement
    in the statute then becomes
    meaningless.
    The General Assembly
    would
    have
    enacted
    a
    nullity
    and
    this
    is
    not
    a
    reasonable
    construction.
    For these reasons,
    I dissent.
    I,
    Dorothy M.
    Gunn,
    Clerk
    of the Illinois Pollution Control
    Board
    hereby
    certify
    that
    the
    above
    Di~s~JLtingOpinion
    was
    submitted on the
    _____________
    day of
    ________________,
    1991.
    ~
    ~h,
    ~
    Dorothy M. 4~inn, Clerk
    Illinois P~llutionControl Board
    126—469
    D.
    Dumelle, ~P.E.
    rd Member
    & Former Chairman

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