The Stop the DeKalb County Mega-Dump citizen’s group had several meetings recently to give updates on the appeal process as well as our fundraising efforts. The group is planning fund raising possibilities to cover the legal fees involved with the appeal process.
Attached here is a copy of the Brief that was filed by our lawyer on our behalf in the Second District Appellate Court in January. We were previously told to expect oral argument on the appeal by early summer and a decision by the fall. An extension recently granted to the Illinois Attorney General’s office has delayed oral arguments likely until 2013.
Two NIU students have been working on a documentary about the Stop the Mega-Dump effort. Many of our members have been interviewed over the past couple of months. The release of the documentary will be on May 5th on the campus of NIU. Details will be forthcoming.
New fundraising efforts for 2012 will include obtaining a PayPal account to make online donations easier, letters to the editor and putting ‘Donation Jars’ in key locations. Scheduled showings of the documentary mentioned above will also be scheduled to keep up awareness of our efforts to stop the huge (16 additional counties including Cook) expansion of the DeKalb County landfill.


IPCB Rules on Landfill Appeal
Mar 17
Posted by admin in DeKalb County Board, Public Comments, waste management | No Comments
Reprinted from DeKalb County Online
The Board (IL Pollution Control Board) accordingly finds here that STMD has waived any issues it raised in the petition concerning criteria (iii) and (v) but failed to address in its opening brief.8 Additionally, as the petition’s challenges to the substance of the hydrogen sulfide conditions were not argued in STMD’s opening brief, the Board deems those waived as well.
See Ruling Here
CONCLUSION
The Board finds that that petitioner STMD has failed to prove that the County’s siting procedures were fundamentally unfair, or that the County’s determinations on siting criteria (i), (ii) and (vi) of Section 39.2(a) of the Act were contrary to the manifest weight of the evidence. Therefore, the Board affirms the County’s decision granting siting approval to Waste Management for the Expansion of the DeKalb County Landfill.
This opinion constitutes the Board’s findings of facts and conclusions of law.
ORDER
The May 10, 2010 decision of the County granting Waste Management’s application for site location suitability approved for the expansion of the DeKalb County Landfill is affirmed for the reasons expressed in the Board’s opinion.
IT IS SO ORDERED.
Section 41(a) of the Environmental Protection Act provides that final Board orders may be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the order. 415 ILCS 5/41(a) (2008); see also 35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706. Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The Board’s procedural rules provide that motions for the Board to reconsider or modify its final orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code 101.520; see also 35 Ill. Adm. Code 101.902, 102.700, 102.702.