Landfill fight should continue

Several hundred people attended the landfill expansion public hearing and witnessed the disgraceful parade of “expert” witnesses paid to “convince” the county board that 2.000 tons of garbage per day could only add up to milk and honey.

The fix was in.

The Illinois Pollution Control Board disagrees. The Illinois Appellate Court disagrees. In Illinois the law is whatever the highest paid attorney wants it to be. Illinois is the land of Pay to Play — Lincoln died a long time ago.

Why else would the rules permit the negotiation of fees to take place BEFORE the site was determined safe? Pay to play.

Just how insidious is the Pay to Play Landfill process? Evidently, albeit we have yet to hear a judge say it, the rules permit a corporation to pay the Town of Cortland to not object or to assist anyone who might object to a landfill expansion in their residents’ backyard. At the PCB public hearing as an objector on cross examination I tried to register a complaint on the record for the government selling its police authority. The hearing officer objected and had the entire comment stricken from the record. Even our attorney agreed those are the rules. The only sin is paying too much.

The rules did not permit ever getting the actions of the Cortland Township electors asked so that a judge might answer the question of whether the county’s authority to approve bringing 2,000 tons of garbage a day into the township supersedes the Township Electors authority to reject it. Two conflicting statutes. No case law. But in the opinion of the attorneys who make a living siting landfills in Illinois the township electors — those living closest to the consequences — have no say. Some sins are cheaper than others, I guess. But wait, what are we paying judges for?

Oh by the way, the Cortland Township Board of Trustees tried to register a resolution against the landfill before the siting application public hearing. Not registered. Not made public record at the hearing. Not allowed to be asked of the Appellate Court Justices or any other judge. An attempt to get a binding opinion from the Illinois Attorney General was not allowed because that office was part of the expensive and expansive legal team defending the rules. All legal fees, except those of STMD, was paid by the applicant, Waste Management. Pay to play rules are deeply ingrained.

Some blame Cortland township residents of being NIMBY. Are you kidding? This landfill was only made possible because at least 17 counties, including Cook County, did not want the thing in their backyard. Cortland residents are at most risk of suffering the consequences of those who are NIMBY.

But the consequences of not allowing this procedure to go before a judge to answer the serious legal and constitutional questions raised are not limited to Cortland Township Electors. What township do you live in? Well, as a resident you are an elector then. What if a major corporation wanted to bury tons upon tons of garbage behind your backyard? Can you get a binding opinion from the highest paid attorney?

A lame excuse given by supposedly progressive members of the county board, like mine, Paul Stoddard and Julia Fauci, was they were trying to save taxpayers money for garbage disposal. That site sits on the headwaters of the Kishwaukee River and above one of the largest freshwater aquifers on this continent. Climate change you say. Natural disasters loom on the least expected horizons don’t you know. And Fauci once threatened to withdraw her support for the siting application during the host fee agreement process if the cause she was championing was cut out of the deal.

And before the site was deemed safe a host agreement was negotiated and approved. The three Justices aren’t from around here. Most of us knew former DeKalb County Asst. State’s Attorney John Farrell was pulling their leg when he told the Appellate Court that the county board has not yet determined the funding source for the county jail. Duh. That’s only because the STMD appeal threw a wrench in their works.

Farrell has since resigned from the DeKalb County State’s Attorney office. The county administration accused him of lying about legal matters.

We’re trying to arrange a meeting in Cortland because we only have 21 days left to decide our next step. Our attorney says that only about 5% of such petitions to the Illinois Supreme Court are granted. That’s not encouraging news on the Illinois Landfill Siting Process rules front. But perhaps it is time to challenge Illinois’ pay to play system in the federal courts. Maybe there are other alternatives.

But quitting with a statement of, “you guys win thanks for being public servants” should not be an option. The most hilarious if not tragic opinion that the Appellate Court Justices offered was “if the constituents don’t like the decision they can vote their board members out.” The children attending the new Cortland Elementary School are not old enough to get voter satisfaction.

Satisfaction was never a goal. Public safety is. Government at any level should not be allowed to sell their police authority to protect public safety. At any price. For any purpose.