ILLINOIS POLLUTION CONTROL BOARD

November

15,

1989

IN THE MATTER OF:

)

County of Tazewell and

)

Tazewell County Board of Health,

)

)

Complainants,

v.

)

AC 89—235

(Administrative Citation)

Dan Koch,

Respondent.

DISSENTING OPINION (by J.D.

Dumelle):

My dissent stems from the illegal burning

of

the tires which

were the subject

of this action.

Open burning of tires

is

clearly prohibited

in Section 9(c) of the Environmental

Protection Act.

The Motion to Dismiss mentions that the Respondent sought

advice from

a Tazewell County Board member and the local fire

department.

Did that advice recommend illegal open burning?

It is quite likely that tires burned

in the open release

such carcinogens

as benzo(a)pyrene and others.

Thus, besides

being

illegal,

this burning incident may in fact cause cancer

to

someone.

The prohibition on open burning should be brought

to the

attention

of

the Tazewell County Board member and

the local

fire

department

so

that

such

an

occurrence

is

not

repeated

in

the

future.

Jacob

D.

Dumelle,

P.E.

,/‘

Board Member

I, Dorothy

M.

Gunn, C~rk of the Illinois Pollution Control

Board,

hereby certify

that theabove Dissenting Opinion was filed

on the

/~-7i~

day

of

~

,

1989.

//

~

~.

Dorothy M.;/Gunn,

Clerk

Illinois Pollution Control Board

11)5

~7