ILLINOIS POLLUTION CONTROL BOARD
May 16,
1985
MCHENRY COUNTY LANDFILL,
INC.
Petitioner,
V.
)
PCB 85—56
COUNTY
BOARD
OF
MCHENRY
COUNTy,
)
Respondent.~
~kCHENRYCOUNTY
Li~NDFILL, INC.,
)
Petitioner,
COUNTY BOARD OF MCHENRY COUNTY
)
Respondent,
)
PCB 85—61
and
VILLAGE OF HUNTLEY,
)
Respondent—Objector.
)
MCFIENRY COUNTY LANDFILL, INC.~
)
Petitioner,
COUNTY
BOARD
OF
MCHENRY COUNTY,
)
Respondent,
)
PCB 85—62
)
LANDFILL
EMERGENCY ACTION
)
COMMITTEE
)
Respondent Objector.
)
NICHENRY COUNTY LANDFILL,
INC..,
)
Petitioner,
)
COUNTY
BOARD OF MCHENRY COUNTY
)
Respondent,
)
PCB 85—63
64~83
—2—
and
MCHENRY COUNTY DEFENDERS,
)
Respondent—Objector.
NICHENRY COUNTY LANDFILL,
INC.,
)
Petitioner,
COUNTY BOARD OF MCHENRY COUNTY,
)
)
Respondent,
)
PCB 85—64
and
)
ARTHUR T.
MCINTOSH
& CO.,
)
Respondent—Objector.
NICHENRY COUNTY LANDFILL, INC.,
)
Petitioner,
)
COUNTY BOARD OF MCHENRY COUNTY,
)
Respondent,
)
PCB 85—65
and
VILLAGE
OF LAKEWOOD,
)
)
Respondent—Objector.
NICHENRY COUNTY LANDFILL,
INC.,
)
Petitioner,
)
COUNTY BOARD OF MCHENRY COUNTY
)
Respondent,
)
PCB 85—66
and
HUNTLEY FIRE PROTECTION DISTRICT
)
Respondent—Objector.
84-84
—3—
DISSENTING OPINION (by
3.
Theodore Meyer):
I dissent from the majority opinion of the Board for the
Eollowing
reason:
The Board may spend funds only for purposes authorized by
the Illinois General Assembly.
Clearly the Legislature has not
authorized
the expenditure of funds for the purposes
of paying
for
the transcripts
of hearings held by the local government
for
the purposes of determining
site suitability of
regional
pollution control facilities.
Even though
the Appellate Court
in
Town of Ottawa,
et al,
________
Ill. App.
3rd
________
(Third
District, No.
3—84—0158)
ordered this Board to provide
transcripts
in such hearings,
the General Assembly to date has
not authorized the expenditure of these moneys.
t4caenry County
may pursue
their claim with the State of Illinois Court of
Claims.
Until we receive such authorization of the General Assembly
to spend these funds,
either by supplemental appropriation or
in
our Annual Fiscal appropriation, we cannot spend these
funds.
For this reason,
I dissent.
Board Member
I,
Dorothy
NI. Gunn, Clerk
of the Illinois Pollution Control
Board, hereby certify that the above Dissenting Opinion was
submitted on the
~.6~i-day of
__________________,
1985.
Dorothy
NI. Gu n, Clerk
Illinois Pollution Control Board
84-85