ILLINOIS POLLUTION CONTROL BOARD
    January
    11, 1990
    WILL COUNTY ENVIRONNENTAL
    )
    NETWORK,
    )
    Petitioner,
    )
    v.
    )
    PCB 89—64
    (Enforcement)
    GALLAGHER BLACKTOP,
    )
    Respondent.
    DISSENTING OPINION (by
    J. Theodore Meyer):
    I dissent from the majority opinion in this matter, in which
    the majority found a
    violation of the Board’s noise pollution
    regulations and ordered Gallagher to prepare and submit a report
    evaluating possible noise reductions. I am disturbed by the
    increasing number of citizen enforcement complaints received by the
    Board, especially those involving noise pollution problems.
    Because the Illinois Environmental Protection Agency (Agency) is
    not involved in these cases, no state inspector ever visits the
    location of the problems to evaluate the claims. The Board is left
    in the position of having only the claims of the two opposing
    parties, and no independent verification of the true situation.
    Additionally, ordinarily no negotiation occurs between the parties,
    and thus the Board must order some type of relief which it has
    created. As a result, the Board is left as both the policeman and
    the judge in these cases. I believe that this situation is
    improper.
    For these reasons, I dissent.
    Bo rd Member
    I, Dorothy
    N.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that/~theabove dissenting Opinion was filed
    on the
    //~
    day of
    1990
    7
    /
    //
    Control Board
    107—41

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