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