File v. D & L LANDFILL, INC.

579 N.E.2d 1228, 219 Ill. App. 3d 897, 162 Ill. Dec. 414, 1991 Ill. App. LEXIS 1722
CourtAppellate Court of Illinois
DecidedOctober 3, 1991
Docket5-90-0630
StatusPublished
Cited by11 cases

This text of 579 N.E.2d 1228 (File v. D & L LANDFILL, INC.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
File v. D & L LANDFILL, INC., 579 N.E.2d 1228, 219 Ill. App. 3d 897, 162 Ill. Dec. 414, 1991 Ill. App. LEXIS 1722 (Ill. Ct. App. 1991).

Opinion

JUSTICE WELCH

delivered the opinion of the court:

On October 10, 1989, appellee, D & L Landfill, Inc., filed an application with the Bond County Board of Supervisors for siting approval for a regional pollution control facility. Application was made pursuant to section 39(c) of the Environmental Protection Act, which provides that

“no permit for the development or construction of a new regional pollution control facility may be granted by the [Environmental Protection] Agency unless the applicant submits proof to the Agency that the location of said facility has been approved by the County Board of the county if in an unincorporated area *** in accordance with Section 39.2 of this Act.” (Ill. Rev. Stat. 1989, ch. lll1^, par. 1039(c).)

After an extensive public hearing held January 24, 1990, the Bond County Board of Supervisors entered an order on April 3, 1990, granting the site approval subject to numerous specified conditions.

On May 7, 1990, appellants, a group of 35 citizens of Bond County calling themselves Bond County Concerned Citizens, who had participated in the hearing before the Bond County Board of Supervisors, filed a petition with the Illinois Pollution Control Board for a hearing to contest the decision of the Bond County Board of Supervisors. Their petition was filed pursuant to section 40.1(b) of the Environmental Protection Act, which provides:

“[i]f the county board *** grants approval under Section 39.2 of this Act, a third party other than the applicant who participated in the public hearing conducted by the county board *** may petition the [Pollution Control] Board within 35 days *** to contest the approval of the county board.” (Ill. Rev. Stat. 1989, ch. III1/2, par. 1040.1(b).)

In their petition, appellants alleged that the finding of the Bond County Board of Supervisors that the applicant had satisfied the requirements of section 39.2 of the Environmental Protection Act was against the manifest weight of the evidence in several respects.

Section 39.2 of the Environmental Protection Act provides in relevant part as follows:

“(a) The county board of the county *** shall approve or disapprove the request for local siting approval for each regional pollution control facility which is subject to such review. An applicant for local siting approval shall submit sufficient details describing the proposed facility to demonstrate compliance, and local siting approval shall be granted only if the proposed facility meets the following criteria:
(i) the facility is necessary to accommodate the waste needs of the area it is intended to serve;
(ii) the facility is so designed, located and proposed to be operated that the public health, safety and welfare will be protected;
(iii) the facility is located so as to minimize incompatibility with the character of the surrounding area and to minimize the effect on the value of the surrounding property;
(iv) the facility is located outside the boundary of the 100 year flood plain or the site is flood-proofed;
(v) the plan of operations for the facility is designed to minimize the danger to the surrounding area from fire, spills, or other operational accidents;
(vi) the traffic patterns to or from the facility are so designed as to minimize the impact on existing traffic flows.
* * *
The county board *** may also consider as evidence the previous operating experience and past record of convictions or admissions of violations of the applicant *** in the field of solid waste management when considering criteria (ii) and (v) under this Section.” Ill. Rev. Stat. 1989, ch. HV-k, par. 1039.2(a).

Appellants’ petition alleged that the Bond County Board of Supervisors' findings with respect to criteria (i), (ii), (iii), and (vi) were against the manifest weight of the evidence and that the evidence indicated previous operating violations by the applicant. The petition prayed that the Pollution Control Board reverse the decision of the Bond County Board of Supervisors granting site location approval to D & L Landfill, Inc.

On July 11, 1990, the Pollution Control Board held a hearing on appellants’ petition. In accordance with section 40.1(b) of the Environmental Protection Act, the Bond County Board of Supervisors and D & L Landfill, Inc., were named as co-respondents, the hearing was based exclusively on the record before the county board, and appellants bore the burden of proof. (Ill. Rev. Stat. 1989, ch. llLMa, par. 1040.1(b).) On August 30, 1991, the Pollution Control Board issued its opinion and order affirming the decision of the Bond County Board of Supervisors. Attached to the opinion were a separate concurring opinion and a dissenting opinion. The dissenting opinion found that the Bond County Board of Supervisors’ finding as to the need for the landfill (criterion (i)) was against the manifest weight of the evidence.

Appellants appeal to this court pursuant to section 41(a) of the Environmental Protection Act, which provides that any party to a hearing before the Pollution Control Board may obtain judicial review in the appellate court pursuant to the Administrative Review Law (Ill. Rev. Stat. 1989, ch. 110, par. 3 — 101 et seq.). (Ill. Rev. Stat. 1989, ch. IIIV2, par. 1041(a).) On appeal, they argue that the opinion and order of the Pollution Control Board affirming the decision of the Bond County Board of Supervisors is against the manifest weight of the evidence in that the evidence presented at the hearing before the Bond County Board of Supervisors failed to show compliance with criteria (i), (ii), (iii), and (vi) of section 39.2(a) of the Environmental Protection Act.

The standard of review to be exercised by both the Pollution Control Board and this court is whether, respectively, the decisions of the county board and Pollution Control Board are contrary to the manifest weight of the evidence. (Waste Management of Illinois, Inc. v. Pollution Control Board (1988), 175 Ill. App. 3d 1023, 530 N.E.2d 682.) This court should not reweigh the evidence or substitute its judgment for that of the agency (McHenry County Landfill, Inc. v. Environmental Protection Agency (1987), 154 Ill. App. 3d 89, 100, 506 N.E.2d 372, 379), and a decision is contrary to the manifest weight of the evidence only if the opposite result is clearly evident, plain, or indisputable from a review of the evidence. (Tate v. Pollution Control Board (1989), 188 Ill. App. 3d 994, 1022, 544 N.E.2d 1176

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Bluebook (online)
579 N.E.2d 1228, 219 Ill. App. 3d 897, 162 Ill. Dec. 414, 1991 Ill. App. LEXIS 1722, Counsel Stack Legal Research, https://law.counselstack.com/opinion/file-v-d-l-landfill-inc-illappct-1991.