Waste Management of Illinois, Inc. v. Illinois Pollution Control Bd., Docket Nos. 71001

CourtSupreme Court of Illinois
Writing for the CourtCLARK
Citation585 N.E.2d 606,165 Ill.Dec. 875,145 Ill.2d 345
Decision Date21 November 1991
Docket Number71003,Docket Nos. 71001
Parties, 165 Ill.Dec. 875 WASTE MANAGEMENT OF ILLINOIS, INC., Appellee, v. The ILLINOIS POLLUTION CONTROL BOARD et al., Appellants.

Page 606

585 N.E.2d 606
145 Ill.2d 345, 165 Ill.Dec. 875
WASTE MANAGEMENT OF ILLINOIS, INC., Appellee,
v.
The ILLINOIS POLLUTION CONTROL BOARD et al., Appellants.
Docket Nos. 71001, 71003.
Supreme Court of Illinois.
Nov. 21, 1991.
As Modified on Denial of Rehearing
Feb. 3, 1992.

[145 Ill.2d 346] Larry M. Clark, Mundelein, for appellant Village of bensenville.

Neil F. Hartigan and Roland W. Burris, Attys. Gen., Springfield (Robert Ruiz and Rosalyn Kaplan, Sols. Gen., and Michelle D. Jordan, Matthew J. Dunn, Joseph J. Annunzio, William E. Seith and Kelly A. O'Connor, Asst. Attys. Gen., Chicago, of counsel), for appellant Ill. Pollution Control Bd.

Pedersen & Houpt, Chicago (Donald J. Moran and Marilee Roberg, of counsel), for appellee.

Justice CLARK delivered the opinion of the court:

On July 22, 1988, Waste Management of Illinois, Inc., submitted to the Village of Bensenville (Village) an application for local siting approval for a waste transfer station. The Village denied approval on February 2, 1989, on the grounds that Waste Management had not met its burden of proof under the "need" and "traffic" criteria [145 Ill.2d 347] of the local siting provisions of the Illinois Environmental Protection Act (Act) (Ill.Rev.Stat.1989, ch. 111 1/2, pars. 1039.2(a)(i), (a)(vi)).

On February 8, 1989, Waste Management brought an appeal before the Pollution Control Board (Board). Section 40.1(a) of the Act provides that an applicant may appeal the denial of an application of local site approval to the Board. (Ill.Rev. Stat.1989, ch. 111 1/2, par. 1040.1(a).) If the Board does not take "final action" on the appeal "within 120 days," the petitioner

Page 607

[165 Ill.Dec. 876] may deem the site location approved. (Ill.Rev.Stat.1989, ch. 111 1/2, par. 1040.1(a).) In an order dated July 13, 1989, the Board affirmed the Village's decision. The Board issued its opinion setting forth its findings on August 10, 1989. July 13, 1989, was the 120-day deadline for "final action" under section 40.1 of the Act (Ill.Rev.Stat.1989, ch. 111 1/2, par. 1040.1(a)).

On August 25, 1989, pursuant to section 101.246 of the Administrative Code (35 Ill.Adm.Code § 101.246 (1989)), Waste Management filed with the Board a motion for reconsideration, claiming, inter alia, that the Board had not taken "final action" (Ill.Rev.Stat.1989, ch.111 1/2, par. 1040.1(a)) within the statutory time period because the opinion was issued after the July 13, 1989, deadline. In an order dated September 13, 1989, the Board denied Waste Management's motion.

On September 20, 1989, Waste Management filed an appeal with the appellate court, again arguing that the Board had not taken "final action" within the statutory time period. The appellate court, with one justice dissenting, reversed the Board's decision. (201 Ill.App.3d 614, 146 Ill.Dec. 961, 558 N.E.2d 1295.) The appellate court held that the August 10, 1989, opinion constituted the final determination by the Board; therefore, Waste Management's application for site location of the waste transfer station must be deemed approved. [145 Ill.2d 348] (201 Ill.App.3d at 621, 146 Ill.Dec. 961, 558 N.E.2d 1295.) We granted the Board's petition for leave to appeal.

We begin by noting that this appeal involves the interpretation of a statutory provision, section 40.1 of the Act. When interpreting a disputed provision, this court must ascertain and give effect to the true intent and meaning of the legislature, considering first the statutory language. (In re Marriage of Logston (1984), 103 Ill.2d 266, 277, 82 Ill.Dec. 633, 469 N.E.2d 167.) Those terms which are unambiguous, when not specifically defined, must be given their plain and ordinary meaning. (See, e.g., People v. Moore (1978), 69 Ill.2d 520, 523, 14 Ill.Dec. 470, 372 N.E.2d 666.) Moreover, this court shall not insert words into legislative enactments when the statute otherwise presents a cogent and justifiable legislative scheme. (See Hagen v. City of Rock Island (1959), 18 Ill.2d 174, 179, 163 N.E.2d 495.) Mindful of this standard, we shall examine the provision.

Section 40.1 of the Act contains the procedure for appeal to the Board from denial of an application of local site approval. The section provides in part:

"If the county board or the governing body of the municipality * * * refuses to grant approval * * *, the applicant may, within 35 days, petition for a hearing before the Board to contest the decision of the county board or the governing body of the municipality. * * * In making its orders and determinations under this Section, the Board shall include in its consideration the written decision and reasons for the decision of the county board or the governing body of the municipality, the transcribed record of the hearing * * *, and the fundamental fairness of the procedures used by the county board of the municipality in reaching its decision. * * * If there is no final action by the Board within 120 days, petitioner may deem the site location approved; * * *." Ill.Rev.Stat.1989, ch. 111 1/2, par. 1040.1(a).

A plain reading of the disputed provision reveals...

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20 practice notes
  • People ex rel. Hansen v. Phelan, Nos. 1-92-2915
    • United States
    • United States Appellate Court of Illinois
    • March 16, 1993
    ...presents a cogent and justifiable legislative scheme." (Waste Management of Illinois, Inc. v. Illinois Pollution Control Board (1991), 145 Ill.2d 345, 348, 165 Ill.Dec. 875, 876, 585 N.E.2d 606, 607.) The language of the Ordinance, which delegates to the President the power to "direct and c......
  • County of Du Page v. Illinois Labor rel., No. 105395.
    • United States
    • Supreme Court of Illinois
    • December 18, 2008
    ...Board's ruling on the appropriateness of the bargaining unit. See Waste Management of Illinois, Inc. v. Illinois Pollution Control Board, 145 Ill.2d 345, 352-53, 165 Ill.Dec. 875, 585 N.E.2d 606 (1991) (where this court reversed the appellate court decision on administrative review and rema......
  • Hernandez v. Lifeline Ambulance, LLC, Docket No. 124610
    • United States
    • Supreme Court of Illinois
    • June 18, 2020
    ...otherwise presents a cogent and justifiable legislative scheme. Waste Management of Illinois, Inc. v. Illinois Pollution Control Board , 145 Ill. 2d 345, 348, 165 Ill.Dec. 875, 585 N.E.2d 606 (1991). Thus, where the legislature has not chosen to impose the condition or limitation envisioned......
  • Lake Envtl., Inc. v. Arnold, No. 118110.
    • United States
    • Supreme Court of Illinois
    • September 24, 2015
    ...its rules when the rule is otherwise “cogent and justifiable.” Waste Management of Illinois, Inc. v. Illinois Pollution Control Board, 145 Ill.2d 345, 348, 165 Ill.Dec. 875, 585 N.E.2d 606 (1991) ; see People v. Roberts, 214 Ill.2d 106, 116, 291 Ill.Dec. 674, 824 N.E.2d 250 (2005) (noting t......
  • Request a trial to view additional results
20 cases
  • People ex rel. Hansen v. Phelan, Nos. 1-92-2915
    • United States
    • United States Appellate Court of Illinois
    • March 16, 1993
    ...presents a cogent and justifiable legislative scheme." (Waste Management of Illinois, Inc. v. Illinois Pollution Control Board (1991), 145 Ill.2d 345, 348, 165 Ill.Dec. 875, 876, 585 N.E.2d 606, 607.) The language of the Ordinance, which delegates to the President the power to "direct and c......
  • County of Du Page v. Illinois Labor rel., No. 105395.
    • United States
    • Supreme Court of Illinois
    • December 18, 2008
    ...Board's ruling on the appropriateness of the bargaining unit. See Waste Management of Illinois, Inc. v. Illinois Pollution Control Board, 145 Ill.2d 345, 352-53, 165 Ill.Dec. 875, 585 N.E.2d 606 (1991) (where this court reversed the appellate court decision on administrative review and rema......
  • Hernandez v. Lifeline Ambulance, LLC, Docket No. 124610
    • United States
    • Supreme Court of Illinois
    • June 18, 2020
    ...otherwise presents a cogent and justifiable legislative scheme. Waste Management of Illinois, Inc. v. Illinois Pollution Control Board , 145 Ill. 2d 345, 348, 165 Ill.Dec. 875, 585 N.E.2d 606 (1991). Thus, where the legislature has not chosen to impose the condition or limitation envisioned......
  • Lake Envtl., Inc. v. Arnold, No. 118110.
    • United States
    • Supreme Court of Illinois
    • September 24, 2015
    ...its rules when the rule is otherwise “cogent and justifiable.” Waste Management of Illinois, Inc. v. Illinois Pollution Control Board, 145 Ill.2d 345, 348, 165 Ill.Dec. 875, 585 N.E.2d 606 (1991) ; see People v. Roberts, 214 Ill.2d 106, 116, 291 Ill.Dec. 674, 824 N.E.2d 250 (2005) (noting t......
  • Request a trial to view additional results

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