ILLINOIS POLLUTION CONTROL BOARD
July
13, 1989
IN THE MATTER OF:
)
)
PIELET BROTHERS’ TRADING INC.,
)
AC 88—51, Docket A and B
an Illinois Corporation,
)
(IEPA No.
8983—AC)
Respondent.
CONCURRING OPINION (by J.D. Dumelle):
The important issue here of whether or
not the landfill
permit had issued by operation of
law is a legally complex one.
My concurrence
is based upon the belief that an
Administrative Citation case is not the correct forum
for such
a
complicated issue.
The Illinois Environmental Protection Agency when inspecting
these premises
in the years since April
1983 should long ago have
brought an enforcement action for alleged lack of permit.
Thus
that major
issue could have been thoroughly joined as ~ar back as
1983.
It would be expected that all landfills which are regularly
inspected would have their current permits on file
in the
appropriate regional office.
Any type of routine check
of the
files by an inspector should have revealed that no formally
approved permit existed.
At that time,
say mid-1983, an
enforcement action should have commenced.
Litigation almost
6 years
later raises problems of
recollection
and
employee
turnover.
~
/,~ácobD. Dumelle,
Board Member
I, Dorothy M. Gunn,
Cler)(//of
the Illinois Pollution Control
Board, hereby certify
tI~t_tH~
above Conc
ring Opinion was
submitted on the
____________
day of
___________
/2L~
Dorothy
M. ~nn,
Clerk
Illinois Po~IlutionControl Board
101—147