Peoria Disposal Company v. Illinois Pollution Control Board

              No. 3--07--0435
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Filed October 7, 2008
IN THE APPELLATE COURT OF ILLINOIS
THIRD DISTRICT
A.D., 2008
PEORIA DISPOSAL COMPANY, ) Appeal from the Illinois
) Pollution Control Board,
Petitioner-Appellant, ) Docket No. PCB 06-184
)
v. )
)
ILLINOIS POLLUTION CONTROL )
BOARD and COUNTY OF PEORIA, ))
Respondent-Appellees. )
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JUSTICE CARTER delivered the opinion of the court:
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Petitioner, Peoria Disposal Company (the company), applied for local siting approval to
expand its regional landfill in Peoria County. The Peoria County Board (the county board) denied
the application. The company petitioned the Pollution Control Board (the PCB) for review of that
decision. The PCB upheld the county board’s ruling. The company appeals the PCB’s decision
directly to this court, arguing that: (1) the application should be deemed approved by operation of
law because the county board failed to take final action upon the application within the time period
required by statute, (2) the proceedings before the county board were fundamentally unfair, and (3)
the determination that the company had failed to meet the statutory siting criteria is against the
manifest weight of the evidence. We confirm the PCB’s ruling.
FACTS
The company owns and operates a 32-acre landfill in unincorporated Peoria County and has