ILLINOIS

POLLUTION

CONTROL

BOARD

August

10,

1984

W~LSTE

MANAGEMENT~

INC

PCB

84-~45

84

6

ILLINOIS

ENVIRO~!~L

B4~68

PROTECTiON

AGE3Y,

Respondent

CONCURRING

OPINION

(by

J.

Anderson):

Mr.

Forcade~s

concurring

statement.

points

out.

a

problem

that

may

arise

by

separating

out

and

rulinq

on

matters

that

are

not

clearly

distinguishable,

at

least not at this time.

I

believe

the

Board,

in

its

Order,

has

created

another

potential

problem

by

unnecessarily

categorizing

without

knowinc

the

circumstances

The

Board

held

that.

~the

factual

basis

for

Agency

decision—

making

on

permits

does

not

result

in

an

expectation

of

con—

fidentiality.~

The

Board

need

not

have

attemnted

to

separate

out

“factual~

in

its

ruling.

The

Board

found

no

reason

to

reverse

the

decis:Lon

of

the

hearing

officer,

and

it

should

have

avoided

unnecessary

conjecture

We

do

not

know

how,

or

if,

the

~iactuui

basis

may

prove

to

be

at

issue

here,

or,

for

example,

whether

this

basis

may

have

a

legal

component

that

may

not

be

sufficient

to

result

in

an

ex-

pectation

of

confidentiality

in

the

pre~decislone

setting.

In

our

desire

to

avoid

an

overly~hroad

constitution,

I

am

concerned

that

we

are

inviting

an

overly~narrow

construction

in

what

may

later

prove

to

be

a

far

more

complex

situation

than

we

can

hypothesize

at

th:Ls

times

Durinq

the

time

this

case

is

under

the

ourview

of

the

hearing

officer

the

Board

does

not

necessa.rily

have

before

it

all

the

facts

which

the

hearing

officer

has

before

him,

Any

holdings

or

findings

made

by

the

Board

at

such

a

time

should

be

limited

in

specificity

to

the

information

before

the

Board~

I

would

have

preferred,

at

the

discovery

stage,

to

have

avoided

the

possibility

of giving

the

hearing

officer

unintended

problems.

For

these

reasons,

I

concur~

~

~~A~/1

floan

(3.

Anderson

59.~.337

---

—2—

I,

Dorothy M. Gunn, Clerk of the Illinois Pollution

Control

Board, hereby certify that the above Co~curring

Opionion was

submitted on the

~day

~

1984.

~2

Dorothy M.~unn, Clerk

Illinois Pollution Control