I LLI
NOI
S POLLUTION CONTROL BOARD
April 3,
1980
ILL I NOI S ENVI RONMENTAL PROTFCTT ON AGENCY,
)
Petitioner,
v,
)
PCB 78—135
VILLAGE OF
P~LOS PARI,
Respondent.
CONCURRING OPINION (by
Mr. Dumelle):
My
reason for concurring in this case is that the
stipulation and thus the Board Order require the Village of
Palos Park ~o enact an ordinance relating to industrial or
(lomest
ic
waste
As a former city manager iL seems to me that villages
and cities and counties ought not to be ordered to enact
ordinances. Legislation by a ruling body ouQht to he
discretionary, not mandatory.
The Board itself rankles when the Federal government
tells Illinois what rule or regulation it must enact. Hobbling
discretion, whether in the enactment of ordinances or of rules,
makes a mockery of the legislative or quasi—legislative process.
espectful su .itted,
/
~acob D, Dumelle
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify t~at the above Concurring
Opinion was filed on the
3-~~
day of ~
1980.
I
I
Al)
I L
L~k.”~
~
JJ ~
Christan L. Moffett, Cldrk
Illinois Pollution Control Board