ILLINOIS POLLUTION CONTROL BOARD

May 20,

1976

ENVIRONMENTAL PROTECTION AGENCY,

)

Complainant,

v.

)

PCB 76—18

CITY OF PERU,

a municipal

)

corporation,

Respondent.

CONCURRING OPINION

(by Mr.

Young):

Count

IV of the Complaint alleges that Respondent caused

or allowed paint wastes to be dumped on the site without a

permit in violation of Rule 310(b) of the Solid Waste Regulations

and of Section 21(b)

of the Act.

I concur in the finding of

the violation of Rule 310(b)

as admitted by Respondent in the

Stipulation of the parties entered into the record at the hearing.

However, in my judgment, violation of Section 21(e)

of the

Act

is more properly charged in an action arising from the violation

of Rule 310(b), rather than Section 21(b).

Doing so would be

consistent with the language of Section 21(e) which expressly

provides that no person shall conduct any refuse disposal opera-

tions without

a permit granted by the Agency.

Village of Paw Paw,

PCB 75—358

(1976),

is consistent with this view.

I concur with the Order of the Board in this matter.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the above Concurring

Opinion was

submitted on the

~

day of

1976.

Illinois Pollution

Board

21—455