ILCI”~OI3P3t~LUTI3~OO~TROL BOARD
    February
    25, 1988
    WASTE MANAGEMENT
    OF
    ILLINOIS
    INC.,
    a Delaware Corporation,
    Petitioner,
    v.
    )
    PCB 87—75
    L1~KECOUNTY BOARD,
    Respondent.
    ORDER OF
    T~EBOkRD
    (by
    R.
    C.
    Flemal):
    This matter comes before
    the Board upon a Motion
    to
    Reconsider
    filed
    by
    cqaste Management of
    Illinois,
    Inc. (“~1II”)
    on January 21,
    1988.
    ~MII moves
    the
    Board to
    reconsider and
    vacate
    its Opinin
    arid Order
    eritered
    December
    17,
    1987 which,
    inter
    alia, held that the landfill—siting proceeding conducted by
    the Lake County Board
    (“LCB”)
    was fundamentally fair and
    that the
    decision reached by the LCB was not contrary to
    the manifest
    weight
    of
    the evidence.
    On February
    5,
    19’38
    the LCB filed
    a
    Response
    to Motion to Reconsider
    stating that the substance of
    the arguments
    raised
    by ~MII in its motion remains unchanged
    from
    that previously stated
    in
    its briefs.
    On February
    16,
    1988
    WMII
    filed Petitioner’s Reply to
    Response
    to Motion
    to Reconsider.
    On February 17,
    1988 the LCB
    filed
    a Motion to Strike Petitioner’s
    Reply
    in which
    it states
    that the Board’s procedural
    rules do not provide the moving party
    with an opoortunity to reply to
    a response
    to
    a motion
    (Motion
    to
    Strike
    at
    1, citing A.R.F.
    Landfill Corporation v. Village
    of
    Round Lake Park and Lake County,
    PCB 87—34,
    Board
    Order
    of
    January
    21,
    1988.).
    On
    February 22,
    1988 c~MIIfiled
    a Response
    to Motion
    to Strike Petitioner’s Reply alleging that the Board’s
    order
    in A.R.F.
    Landfill Corporation,
    cited
    above
    is not on
    point.
    The Board believes that the above cited
    order
    is clearly
    applicable here,
    and
    therefore grants the LCB’s Motion
    to Strike
    Petitioner’s Reoly.
    In
    its Motion
    to Reconsider
    W!111
    contends that:
    (a) the Lake
    County Ordinance which governs landfill—siting
    is fundamentally
    unfair
    on its face;
    (b)
    LOB member
    F.T.
    “Mike” Graham shoul~have
    been disqualified from participation and vote on WMII’s
    application;
    (c)
    the LOB decision on the Need Criterion
    overlooked critical evidence and disregarded the standard
    for
    determining
    need;
    and
    (d)
    the Environmental Protection Act
    requires that this Board decide
    all contested criterion
    decisions, not
    just that which
    is dispositive.
    The Board
    finds that
    W1411 raises nothing new that would
    86—353
    —2—
    persuade
    it
    to reconsider
    or vacate
    its prior
    holdings as
    ~eflectei
    in the
    December
    17,
    1937 Opinion and Order.
    On the
    issue of whether
    the Board acted improperly
    in going only
    to
    that
    portion
    of the conteste~decision which
    it found disoositive,
    the
    Board believes
    it has sufficiently adhered
    to the statutory
    requirements
    of
    •Se:tion 40.1 of
    the Act.
    Accordingly,
    WMII’s
    Motion to Reconsider
    is denied.
    IT
    IS
    SO ORDERED.
    Board Members Joan Anderson and
    T.
    Theodore Meyer dissented.
    I,
    Dorothy
    NI.
    Gunn,
    Clerk
    of the Illinois
    Pollution Control
    Board, hereby certify tl~tthe above Drder
    was adopted
    on
    the
    ~CZ
    day of
    _______________,
    1988,
    by
    a vote of
    ~
    /J-~~
    Dorothy
    NI. Aunn,
    Clerk
    Illinois Pollution Control Board
    86—354

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