dissenting:
In view of the specific findings of the Du Page county board, I perceive the operation by E & E Hauling, Inc., of an expanded landfill in the Mallard Lake Forest Preserve to be fraught with hazards. These dangers include diminution of property values in the neighborhood, pollution of the west branch of the Du Page River as well as the underground water supply, and threats to the public health and safety. My perception and this dissent are based upon the reservations and concerns in the resolution adopted on April 27, 1982, by the county board of Du Page County to satisfy the requirements of Public Act 82-682 (Ill. Rev. Stat. 1983, ch. lllW, par. 1039.2). The resolution contains very specific statements of the county board’s doubts and qualifications, while indicating compliance with the six criteria established by the statute for determining the suitability of a site location for a landfill by only vague and general statements in the words of the statute. Because the county board’s specific findings do not support its conclusions, I believe that the appellate court erred by affirming the county board’s decision. In my judgment, this portion of the appellate court’s opinion was deserving of much lengthier treatment than disposition by the one-sentence affirmance in the next to the last paragraph of the majority opinion. While I appreciate the care and effort with which the appellate court in its opinion set forth the evidence in this case, it is the responsibility of the county board to determine the facts. Therefore, I believe that this court should accord more weight to the specific findings of the county board than to the appellate court’s evaluation of the evidence.
Before reciting the specific language which indicates that the appellate court failed to consider the entire resolution in deciding that the county board’s conclusion was supported by the evidence, I feel obligated to refer to the strange history of this addition to an existing landfill. The operation of the landfill in question, which was authorized by agreement dated June 1, 1974, between the forest preserve district of Du Page County and E & E Hauling, following county board approval, was the subject of extensive litigation in 1979. In E & E Hauling, Inc. v. Forest Preserve District (Cir. Ct. Du Page County), No. 79CH94, E & E Hauling, Inc. v. Forest Preserve District (N.D. Ill.), No. 79C223, and People v. E & E Hauling (Cir. Ct. Du Page County), No. 79CH240, the forest preserve district, of which all of the county commissioners were members, claimed that the landfill was unsafe and improperly operated. In two of the cases, the forest preserve district submitted affidavits of experts to support that assertion. As the majority points out, the forest preserve district complained that E & E Hauling was depositing liquid waste and sludge in the landfill. But instead of pursuing its efforts to exclude E & E Hauling from forest preserve land because of its failure to comply with proper safeguards and procedures in operating the landfill, the forest preserve settled this litigation by giving E & E Hauling a handsome windfall — E & E Hauling was allowed to substantially expand the landfill operation from 340 acres to 560.1 acres and to continue the landfill operation long beyond the 1993 termination date of the 1974 contract between E & E Hauling and the forest preserve.
Equally puzzling is how the county board and the appellate court found sufficient evidence to permit the expanded landfill to operate into the next century in view of specific findings in the county board’s resolution which completely negate its conclusions. Repeatedly the resolution announces affirmative conclusions in the words of the statute based on specific findings which not only do not support its decision, but which, in fact, are inconsistent with them.
For example, the resolution states: “The expanded facility is so designed, located and proposed to be operated that the public health, safety and welfare will be protected.” Yet the resolution raises serious doubts regarding the competence of E & E Hauling to operate a landfill in a manner which will not endanger the public health, safety and welfare. The resolution contains the following specific findings:
“There was considerable testimony relating to the performance of the applicant, or lack of performance, as the case may be. An elaborate leachate collection system was designed to protect the surrounding area in the event that substantial quantities of leachate were generated. The weight of the evidence indicated that much of this system was never put in place, and that the applicant did not conform to the terms of his original agreement with the forest preserve district of Du Page County in this respect. Because the landfill is immediately adjacent to the west bank of the DuPage River, this becomes a serious concern.
Testimony was also given relating to the inadequate housekeeping practices of the site operator, reflected in blowing papers, garbage, and in unpleasant odors being generated, although conditions appear to have improved in the last few years.
Testimony was also entered into the record concerning the utilization for fill of substantial quantities of sludge. This practice appears to have been stopped by the Forest Preserve Commission several years ago, but this was only achieved by court action. Some of the testimony seemed to indicate that in the past the quantities of sludge which were being deposited posed a probable danger to the stability of the hill, as well as creating the possibility of dangerously high liquid levels in the hill if this practice were to continue (sludge is mostly water). This factor, combined with the incomplete leachate collection system, could have posed a substantial danger of contamination to the community. The site operator’s practices seem to have improved in the past few months, but the record must not overlook the fact that the Forest Preserve District had to go to court to protect the public health, welfare and safety. The site operator has been less than diligent in his concern for potential hazards as well as nuisances, as reflected in the testimony. * * *
Geologically, as we have pointed out, the site is a near ideal one. Failure of the operator to install the required leachate collection system exactly as designed, and to appropriately police the site, has caused reservations on this score, however.’’ (Emphasis added.)
Dr. Robert Ginsburg, research director for Citizens for a Better Environment, who testified on behalf of the village of Hanover Park, underscored the danger of permitting an operator with the performance history of E & E Hauling to operate a landfill with the following sensible and constructive observation:
“Finally, I would like to comment on the importance of proper operation of a landfill. The public’s ability to get complete technical data on a landfill site will always be limited. Thus, we must rely, however much we regret it, on the good judgment and care taken by the operator of a landfill. Sloppy and careless management can turn the best site into a disaster.
The past record of E &E Hauling is, to say the least, not exemplary. The company did not follow its original construction plans and did not tell anyone that it had changed its design." (Emphasis added.)
It is thus apparent to me that based on its past performance in this particular landfill, so long as E & E Hauling continues to operate it, the county board’s conclusion that the “expanded facility is so *** proposed to be operated that the public health, safety and welfare will be protected” is against the manifest weight of the evidence. Instead of being rewarded with a more valuable contract E & E Hauling deserves to be removed from the Mallard Lake Forest Preserve.
Furthermore, the county board’s conclusion that “the expanded facility is so *** located *** that the public health, safety and welfare will be protected” is challenged by the following specific findings included in the resolution:
“Concern was expressed in the testimony about the dumping of hazardous or special wastes. Although no permit for hazardous waste disposal has been granted to the Mallard Lake Landfill, it is not inconceivable that some hazardous wastes have been dumped there, and that some time in the future they will surface.
*** Furthermore, the proximity of the site to the west branch of the Du Page River, possibly inappropriate contours, and large amounts of deposited sludge, leave us some concerns. * * *
It is difficult to visualize all of the potential hazards of accidents which could occur at any particular site. Fires seem remote unless spontaneous combustion could occur. Proper compaction and consequently elimination of oxygen would make this unlikely. No hazardous wastes are supposed to be involved so that spills should not be a major concern.” (Emphasis added.)
So long as hazardous and offensive wastes have already been dumped at this site and there is serious enough concern about this site for the county board to specifically note the possibility of contaminating the west branch of the Du Page River, I fail to understand how the county board’s conclusions can be supported. Because this conclusion is against the manifest weight of the evidence, it is our responsibility to require additional exploration before we approve of practices which may endanger an important body of water.
I also fail to understand how the appellate court concluded that the statement in the resolution that this facility “is necessary to accommodate the waste needs of the area it is intended to serve” is not against the manifest weight of the evidence. The record lacks evidence to support a determination of what the waste needs of the area would be after 1993, and what alternatives to the Mallard Lake Forest Preserve site would be available. The county board’s only findings on this criterion were, in pertinent part, as follows:
“Urban development has now come on its northern and western boundaries, so that it is not as suitable a location as it once was.”
The resolution contained no findings to support the conclusion that the expanded facility is necessary for the period after 1993, and there were no findings concerning possible alternatives. It is impossible to decide whether the expanded facility is “necessary” unless the court is informed of what alternatives to the site there may be, even conceding the obvious, that there will be a need to place garbage somewhere after 1993.
The county board’s further observation that “most of the homes in the area of the Mallard Lake Forest Preserve were purchased by people who should have been aware that a disposal site was adjacent to them” is irrelevant. These homeowners could not foresee that the site would be expanded, that the dumping operation would be continued long after 1993, or that E & E Hauling would be as negligent and careless as it has been in conducting the operation. Moreover, the finding that “this site is, on a relative basis, more appropriate than most other sites might be” raises the possibility that after 1993 other sites might be as or more appropriate than the present site. Without further evidence, it is impossible to determine the necessity for this site after 1993.
Another conclusion against the manifest weight of the evidence is that “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.” This statement is followed by specific findings which, although intended to support the conclusion, in fact require an opposite result:
“Berms have been constructed on the west and north sides of the site to minimize the visual effects of the landfill. Testimony indicated that odors continue to be a problem ***. [SJite housekeeping seems to have left a good deal to be desired. Debris, particularly paper, is frequently found on the roads or in the yards adjacent to the site. *** Both truck and bulldozer noise presented some problems in homes immediately adjacent to the landfill.” (Emphasis added.)
These findings establish that the landfill operation at this site has been highly intrusive and offensive to the residents of the village of Hanover Park. The odors from the site and the litter in the area clearly detract from the quality of life of these residents. I fail to understand how the evidence can support a finding that this facility is located to minimize incompatibility with the character of the surrounding area when the site is next to single-family homes, borders an area zoned for residential uses, and exposes those homes to offensive odors, litter, noise, the possibility of rodents, and the annoying flares which accompany the venting of methane gas which is produced by this garbage dump.
Finally, the county board’s conclusion that “the plan of operation for the expanded facility is designed to minimize the danger to the surrounding area from fire, spills, or other operational accidents” is contradicted by the specific findings which follow that statement. I have already pointed out that the resolution concedes that “it is difficult to visualize all of the potential hazards of accidents which could occur” at this site and the concern that the county board expressed because of the “problem of a potentially inadequate leachate collection system, as well as the potential contamination of either the west branch of the Du Page River or adjacent wells.” However, that is not all. The resolution goes on to express other concerns in the following language:
“The major concern left unanswered by the testimony was the potential danger that it could occur jive or ten years from now when large quantities of leachate may start to be produced and flow downhill. The Forest Preserve and the site operator need to face that problem now, so that we will not be faced with a crisis or an expensive solution some years from now.” (Emphasis added.)
The record is devoid of evidence indicating that there will not be a serious problem in “five or ten years,” and therefore the conclusion that this site is suitable for an expanded landfill is against the manifest weight of the evidence.
The resolution contains yet another contradiction. It is the condition imposed by the county board and incorporated in the resolution that “[t]he site operator shall be required to assume liability affirmatively for all contamination of waterways or ground water during the life of the landfill and for a period of one year subsequent to the completion of the landfill and shall carry comprehensive liability insurance of at least twenty million dollars during this period.”
The insurance requirement suggests that the county board had grave reservations about its action. Little is accomplished by requiring E & E Hauling to be affirmatively liable for contamination of waterways or ground water if, as a result of E & E’s operation of the expanded landfill, the water is contaminated. No amount of money will be able to reverse the damage to our precious natural resources once E & E Hauling has polluted them. Unlike the members of the county board, I am not prepared to take a chance on contamination of the water supply irrespective of the amount of comprehensive liability insurance which the site operator is required to provide.
The problems inherent in this landfill operation appear to be even more severe than those this court recently considered in Cosmopolitan National Bank v. County of Cook (1984), 103 Ill. 2d 302, involving a landfill operation which this court did not allow. In that case, nearby landowners were also bothered by offensive odors, litter and rodents. There were also concerns with water pollution, with leachate decomposition, and with possible methane-gas explosions. However, the site operator in Cosmopolitan National Bank displayed more care in operation and concern for public safety than E & E Hauling has shown at this site. In addition, in Cosmopolitan National Bank there was no major body of water adjacent to the site that was in as serious danger of being polluted as is the west branch of the Du Page River.
If this case had arisen in the procedural context of an attack upon a zoning ordinance, we could not permit the landfill to proceed. (Cosmopolitan National Bank v. County of Cook (1984), 103 Ill. 2d 302.) I cannot understand how we can reach a different result because the county board, after the hybrid quasi-administrative, quasi-legislative proceeding directed by the statute (Ill. Rev. Stat. 1983, ch. llU/a, par. 1039.2), adopted a resolution filled with internal inconsistencies which permitted E & E Hauling to expand the landfill. My concern based on the negative findings set forth in the resolution is that, by permitting the expanded landfill to proceed, in time we may have another Wilsonville case on our hands. See Village of Wilsonville v. SCA Services, Inc. (1981), 86 Ill. 2d 1.