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City OKs settlement in  Yorkville landfill issue

Updated: January 5, 2013 6:18AM

YORKVILLE — The debate over siting a landfill here or in Kendall County is finally at an end.

The years-long dispute came to a close last week, when the Yorkville City Council approved a settlement in a lawsuit involving Fox Moraine LLC and Don Hamman Farms. The city filed the suit against Fox Moraine for what it said were violations of a host agreement and sections of the Illinois Pollution Control Act.

According to the agreement, Fox Moraine will pay the city $115,000 within two weeks. The city will drop its lawsuit and any other claims against Fox Moraine and Hamman Farms.

Fox Moraine filed for a landfill application on Dec. 1, 2006, after Yorkville annexed the potential landfill property. Yorkville held several hearings in March and April 2007, resulting in the denial of the application.

After petitioning the Illinois Pollution Control Board to appeal the city’s decision, saying it was unfair and against the bulk of the evidence, Fox Moraine filed a lawsuit against the city.

The company said City Council members were prejudiced and predisposed to turning down the petition for political reasons.

During the past two years, the Appellate Court backed the city and the legality of turning down the landfill application, and the state Supreme Court declined to hear appeals from Fox Moraine.

The city then sued to get back some costs relative to the filing of the original landfill application.

“This has been a long time coming, and now it’s finished,” said Alderman Marty Munns.

The application took place at a time when three different companies had filed for landfills in the county — one in Yorkville and two in unincorporated areas. None of the landfills were ever sited.

Now, there never will be a landfill in the county, because Kendall County’s Solid Waste Plan adopted about four years ago assures the county will not site a landfill. But it could possibly site a waste transfer station, where garbage sits after it is collected for a matter of days before being transferred to its final resting place in a landfill.

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