ILLINOIS POLLUTION CONTROL BOARD

April

3,

1986

CITY OF COLUMBIA, WALTER BYERLEY, JR.,

BARBARA HEINLEIN;

DANIEL HEINLEIN;

HOMER STEMLER AND LORETTA STEMLER,

Petitioner,

v.

)

PCB 85—177

COUNTY OF ST. CLAIR AND BROWNING-

)

FERRIS

INDUSTRIES OF ILLINOIS,

INC.,

Respondents.

BROWNING-FERRIS INDUSTRIES OF

)

ILLINOIS,

INC.,

)

Petitioner,

v.

)

PCB 85—220

COUNTY OF

ST. CLAIR,

ILLINOIS,

Respondent.

and

CITY OF COLUMBIA, JEAN ECKERT,

)

MARCELLUS ECKERT, LANNY JACKSON,

VICKY JACKSON, HARRY RAYMOND,

PATRICIA RAYMOND, HOMER STEMLER

)

AND

LORETTA STEMLER,

Intervenors.

CITY OF COLUMBIA, JEAN ECKERT,

)

MARCELLUS ECKERT,

LANNY JACKSON,

VICKY JACKSON, HARRY RAYMOND,

)

PATRICIA RAYMOND, HOMER STEMLER

)

AND LORETTA STEMLER

Petitioners,

V.

)

PCB 85—223

(Consolidated)

COUNTY OF ST. CLAIR AND BROWNING—

FERRIS INDUSTRIES OF ILLINOIS,

INC.,

)

69-20

---

—2--

Respondents.

JAMES JOHO AND TOM D. ADAMS APPEARED ON BEHALF OF THE CITY OF

COLUMBIA, ET AL;

JOHN BARICEVIC, STATE’S ATTORNEY,

APPEARED ON BEHALF OF THE

COUNTY OF ST. CLAIR;

AND

FRED

C. PRILLAMAN

(MOHAN, ALEWELT, AND PRILLAMAN) APPEARED ON

BEHALF OF BROWNING-FERRIS INDUSTRIES OF ILLINOIS,

INC.

CONCURRING OPINION

(by J. Theodore Meyer):

I concur with the order

in the above entitled case.

I agree

with the majority opinion

in their decision that

the County

lacked jurisdiction

to consider BFI’s application due

to notice

deficiency.

Having decided

that

the County does not have

jurisdiction

in this matter,

the rest of the Opinion

is moot.

J.(~TheodoreMeyer

Board Member

I,

Dorothy

M. Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certify that

the above Concurring Opinion was

submitted on the

/5~Z~

day of

__________________,

1986.

/~

~

~7,

/~~J

Dorothy M. ~3unn, Clerk

Illinois Pollution Control Board

69-21