ILLINOIS POLLUTION CONTROL BOARD

January 9, 1986

CONCERNED NEIGHBORS FOR A

BETTER ENVIRONMENT, and

WILLIAM SCAVARDA,

)

Petitioners,

v.

)

PCB 85—124

COUNTY OF ROCK ISLAND, and

BROWNING-FERRIS INDUSTRIES

OF IOWA, INC.,

Respondents.

DISSENTING OPINION (by B. Forcade):

I respectfully dissent from the majority due to our

continuing dispute on the interpretation of Criterion No. 4. My

position on Criterion No. 4 was clearly stated in Board of

Trustees of Casner Township v. County of Jefferson, PCB 84—175 &

84—176 (Dissenting Opinion by B. Forcade at pp. 5—6, April 4,

1985). My theory is that Criterion NO. 4 requires two factors:

1. A determination by Illinois Department of

Transportation (“IDOTt’) that the facility

is located outside the boundary of a 100—

year flood plain or flood—proofed to meet

IDOT standards and approved by IDOT; and

2. Competent evidence on IDOT’s determina-

tion must be presented to the County

Board.

Past landfill siting cases at this Board have focused on

IDOT’s refusal to make such a determination. Today’s proceeding

lacks both elements. Not only did IDOT fail to make a

determination, no evidence on IDOT’s action or inaction was

before the County Board.

I cannot agree with the majority viewpoint as it simply

rewrites Criterion No. ~4 to eliminate any reference to IDOT.

Member of the Board

67-439

---

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above Dissenting Opinion was

submitted on the

/~2t~ ,

day of

_____________________,

1986.

Dorothy M. unn, Clerk

Illinois Pollution Control Board

67-440