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Land & Lakes Co. v. Illinois Pollution Control Bd

Case Date: 12/28/2000
Court: 3rd District Appellate
Docket No: 3-99-0689, 0819 cons. Rel

December 28, 2000

No. 3--99--0689
(Consolidated with No. 3--99--0819)

IN THE

APPELLATE COURT OF ILLINOIS

THIRD DISTRICT

A.D., 2000

LAND AND LAKES COMPANY,

          Petitioner,

          v.

ILLINOIS POLLUTION CONTROL BOARD,
WILL COUNTY BOARD, and WASTE
MANAGEMENT OF ILLINOIS, INC.,

          Respondents.
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SIERRA CLUB, AUDUBON COUNCIL OF
ILLINOIS, and ILLINOIS AUDOBON
SOCIETY,

          Petitioners,

          v.

ILLINOIS POLLUTION CONTROL BOARD,
WILL COUNTY BOARD, and WASTE
MANAGEMENT OF ILLINOIS, INC.,

          Respondents.

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)		 Petition for Review of an
Order of the Illinois
Pollution Control Board


No.  PCB 99-136






Petition for Review of an
Order of the Illinois
Pollution Control Board


No.  PCB 99-139

PRESIDING JUSTICE SLATER delivered the opinion of the court:


The Illinois Pollution Control Board (PCB) affirmed thedecision of the Will County Board (County Board) to grant sitingapproval to Waste Management of Illinois, Inc. (WM), for theconstruction of a pollution control facility. Petitioners, Landand Lakes Company (LALC) and Sierra Club, Audubon Council ofIllinois, and Illinois Audubon Society (referred to hereinaftercollectively as "Sierra Club") seek review of the PCB's decision. In particular, petitioners contend that the proceedings beforethe County Board were fundamentally unfair and the County Board'sdecision is against the manifest weight of the evidence. For thereasons that follow, we affirm.

STATUTORY BACKGROUND

Under the Illinois Environmental Protection Act (the Act)(415 ILCS 5/1 et seq. (West 1998)), a party seeking to develop apollution control facility must first obtain approval of the sitelocation from the appropriate local siting authority. 415 ILCS5/39(c) (West 1998). If the proposed site lies within anunincorporated area, the appropriate local siting authority isthe county board for the county where the facility is to belocated. 415 ILCS 5/39(c) (West 1998). A developer who obtainsapproval from the local siting authority must still obtain thepermission of the Illinois Environmental Protection Agency inorder to construct and operate the facility. 415 ILCS 5/39(c)(West 1998).

An applicant seeking siting approval must submit sufficientdetails of the proposed facility demonstrating that it meets eachof nine criteria. 415 ILCS 5/39.2(a) (West 1998). The localsiting authority must hold at least one public hearing concerningthe application. 415 ILCS 5/39.2(d) (West 1998). Any person mayfile written comment concerning the proposed facility and thelocal siting authority must consider any such comments receivedor postmarked no later than 30 days after the date of the lastpublic hearing. 415 ILCS 5/39.2(c) (West 1998).

The decision of the local siting authority must be inwriting and must specify the reasons for the decision. 415 ILCS5/39.2(e) (West 1998). Any party, other than the applicant, whoparticipated in the public hearing may petition the PCB tocontest a local siting authority's decision to grant theapplication. 415 ILCS 5/40.1(b) (West 1998). In reviewing thedecision, the PCB must consider the local siting authority'swritten decision, the transcript of the public hearing, and "thefundamental fairness of the procedures used by the [local sitingauthority] in reaching its decision." 415 ILCS 5/40.1(a) (West1998). The decision of the PCB is directly appealable to thiscourt. 415 ILCS 5/41 (West 1998); 155 Ill. 2d R. 335.

FACTS

The case at bar involves a proposal to develop a solid wastelandfill on the site of the former Joliet Army Ammunition Plant(the Arsenal). The Arsenal occupies an approximately 23,437-acrearea of southern Will County. At various times beginning in the1940s, the U.S. Army and its contractors have manufactured andtested ordnance and explosives on the site.

In 1996, Congress passed the Illinois Land Conservation Actof 1995, Pub. L. No. 104--106, 110 Stat. 594 (1996). Under thislegislation, the Arsenal is to be converted to variousnonmilitary uses, including the 19,000-acre Midewin NationalTallgrass Prairie, a 982-acre national veterans cemetery, a3,000-acre industrial park, and a 455-acre landfill to be ownedby Will County. As a condition of the conveyance of the 455-acreparcel to Will County, the federal government "may use thelandfill *** for the disposal of construction debris, refuse, andother materials related to any restoration and cleanup of Arsenalproperty *** subject to applicable environmental laws and at nocost to the [f]ederal [g]overnment." Pub. L. No. 104--106,