ILLINOIS POLLUTION CONTROL BOARD
February 7, 1991
LAND AND LAKES COMPANY, JMC
)
OPERATIONS, INC. and NBD
TRUST COMPANY OF ILLINOIS,
)
AS TRUSTEE UNDER TRUST
NO. 2624EG,
Petitioners,
v.
)
PCB 91—7
(Landfill Siting)
VILLAGE OF ROMEOVILLE,
)
Respondent.
ORDER OF THE BOARD (by B. Forcade):
This matter comes before the Board on a motion for leave to
intervene filed on February 4, 1991 by the Forest Preserve
District of Will County, Illinois. In the alternative, the
Forest Preserve District requests leave to cross appeal on the
basis of statutory criteria found in Ill. Rev. Stat. 1989, ch.
111 1/2, par. 1039.2. On January 28, 1991 Land and Lakes
Company, JMC Operations, Inc. and NBD Trust Company of Illinois,
as Trustee under Trust No. 2624EG, filed an objection to the
motion to intervene. This response predates the motion, due to
the motion’s being lost in the mails prior to receipt by the
Board.
The motion of the Forest Preserve District of Will County is
denied. The interests asserted by the Forest Preserve are
primarily those of a third party objector, who is an adjacent
landowner. This is not tantamount to the State’s interest in
intervention to protect the public welfare. It is well settled
that objectors do not have standing to intervene or cross appeal
in these circumstances, where siting approval has been denied.
Waste Management of Illinois, Inc. v. Pollution Control Board,
160 Ill. App. 3d 434, 513 N.E.2d 592, 598 (2d Dist. 1987);
McHenry County Landfill, Inc. v. Environmental Protection Agency,
154 Ill. App. 3d 89, 506 N.E.2d 372, 376 (2d Dist. 1987); see
also Ill. Rev. Stat. 1989 ch. 111 1/2, par. 1040.1(b). The
Forest Preserve may file an amicus curiae brief in this matter,
limited to those issues raised in the proceedings below.
IT IS SO ORDERED.
118—285
—2—
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify t~atthe above Order was adopted on
the 7~ day of ______________________, 1991, by a vote
of ~
Ill
S
lution Control Board
118—286