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PCB 89-121 12/06/89 Anderson/Marlin Supplemental Opinion
METROPOLITAN WASTE SYSTEMS,INC., SPICER, INC. and SPICER PROPERTIES, INC. v. CITY OF MARSEILLES
Handle: Document-23906
Owner: Site Administrator (User-2, admin:DocuShare)DS
Thursday, May 30, 2002 02:22:45 PM CDT
Monday, April 28, 2003 02:26:15 PM CDT
Modified By: Site Administrator (User-2, admin:DocuShare)DS
Locked By:
  • ILLINOiS POLLUTION CONTROL BOARD
December 6, 1989METROPOLITAN WASTE SYSTEMS,INC., SPICER, INC.
  • Section 5 of the Act provides that “4
votes shall be required for any finaldetermination by the Board.” The draftOpinion discussed at the meeting failed topass, the Board being “deadlocked” at a 3-3vote.
  • There is nothing in Section 39.2 of the Environmental
Protection Act that allows a city or county to unilaterally amendan application, which is, in effect, what the City would havedone in recasting the intended service area in order to support adenial.
  • Regarding Criterion No.
  • 1, we do not believe that the City
can refuse to consider the intended service area as proposed any...
Allowed
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597475
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Appears In: PCB 89-121
Preferred Version: PCB 89-121 12/06/89 Anderson/Marlin Supplemental Opinion