On April 21, 2016 the Illinois Pollution Control Board , in a 5-0 opinion, found in favor of the Village of Rockdale on its September 3, 2015 Ordinance approving the siting of the Moen Transfer Station. The Pollution Control Board determined that Rockdale had jurisdiction to review the siting application filed by Environmental Recycling and Disposal Service seeking approval of its planned transfer station on Moen Avenue in Rockdale. In ruling that the Village appropriately determined that it had jurisdiction to review and rule upon the siting application, the Pollution Control Board rejected arguments made by Waste Management of Illinois, Inc., and the County of Will, seeking to overturn the siting ordinance, which was passed at a special meeting of the Village Board, after 4 full days of public hearing, and the submission of thousands of pages of exhibits, public comments, and sworn testimony.
In addition to their challenges to jurisdiction, Waste Management and Will County sought to overturn the siting ordinance, asserting that the Village erred in assessing the evidence and in finding that the application met Criteria I, II, V, and VIII under Section 39.2(a) of the Illinois Environmental Protection Act. The Pollution Control Board was unpersuaded by those arguments, and upheld the Village’s decision and findings on the weight and credibility of the witnesses and experts.
Spesia & Taylor attorney Michael Stiff represented the Village throughout the process, including the selection and appointment of the hearing officer, the 4 days of public hearing, drafting the siting ordinance, and guiding the Village President and Board of Trustees through the process. On appeal to the Pollution Control Board, Mr. Stiff prepared the record on appeal, coordinated yet another public hearing on the jurisdiction and substantive issues, and authored the Village brief to the PCB.
You can view the entire Rockdale PCB opinion here.
