ILLINOIS POLLUTION CONTROL BOARD

November 7, 2002

 

 

LANDFILL 33, LTD.,

Petitioner,

 

v.

 

EFFINGHAM COUNTY BOARD and

SUTTER SANITATION SERVICES,

 

Respondents.

 

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STOCK & CO.,

 

Petitioner,

 

v.

 

EFFINGHAM COUNTY BOARD and

SUTTER SANITATION SERVICES,

 

Respondents.

 

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PCB 03-43

(Third-Party Pollution Control Facility

Siting Appeal

      

 

 

 

 

 

 

 

 

 

PCB 03-52

(Third-Party Pollution Control Facility

Siting Appeal)

(Consolidated)

ORDER OF THE BOARD (by T.E. Johnson):

 

On October 10, 2002, Landfill 33, Ltd. (Landfill 33) filed a petition requesting the Board

to review a September 19, 2002 decision of Effingham County Board (County Board) that

granted Sutter Sanitation Services’ (Sutter) application to site a pollution control facility (a solid

waste transfer station) in an unincorpora

ted area of Effingham County. On October 21, 2002,

Stock & Co. (Stock) filed a petition requesting the Board review the same County Board

decision, and Landfill 33 filed an amended petition.

 

Landfill 33’s amended petition was filed as a result of an October 17, 2002 Board order

finding that its initial petition did not meet the content requirements of 35 Ill. Adm. Code

107.208 because it failed to state that Landfill 33 is so located as to be affected by the proposed

facility.

 

Landfill 33 and Stock appeal on common grounds. Both petitioners argue that the

procedures the County Board used to reach its siting decision were fundamentally unfair, and

that its findings on several statutory siting criteria were not supported by the manifest weight of

the evidence. Each petitioner contends, for example, that Sutter’s decision that the proposed

facility is necessary to accommodate the waste needs of the intended service area; is designed,

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