ILLINOIS POLLUTION CONTROL
BOARD
October
1,
1987
IN THE MATTER OF
PAUL
W.
CORLEY and
)
AC 87—74
JOAN
R.
CORLEY
)
(IEPA DOCKET NO. 8480—AC)
Respondents.
DISSENTING STATEMENT
(by B.
Forcade):
I
respectfully dissent from today’s decision.
The majority
would hold
that the General Assembly’s intention was
to exclude
unpermitted landfills from the scope
of
Section
21(p)
of the
Illinois Environmental Protection Act
(“Act”).
This holding
unnecessarily eliminates
an effective enforcement mechanism.
do not feel that
the language of Section 21(p)
supports this
outcome.
Additionally,
I am disturbed
that the majority,
by so
holding, dismisses
this case
on
a theory that was not advanced
by
the respondents
and has not been briefed
by either party.
Section
21(p)
reads:
Conduct
a sanitary landfill operation which
is
required
to have
a permit under subsection
(d)
of
this
Section,
in
a manner
which
results
in
any of
the following conditions:
1.
refuse
in standing
or
flowing waters;
2.
leachate
flows
entering
waters
of
the
State;
3.
leachate
flows
exiting
the
landfill
confines
(as determined
by the boundaries
established
for
the
landfill
by
a permit
issued
by the Agency);
4.
open
burning
of
refuse
in
violation
of
Section
9 of
this Act;
5.
uncovered
refuse
remaining
from
any
previous
operating
day
or
at
the
conclusion
of
any
operating
day,
unless
authorized
by permit;
6.
failure
to
provide
final
cover
within
time
limits
established
by
Board
regulations;
7.
acceptance
of
wastes
without
necessary
permits;
82—123
—-)—
8.
scavenging
as
defined
by
Board
regulations;
9.
deposition
of
refuse
in
any
unpermitted
portion of the landfill;
10.
acceptance
of
a
special
waste
without
a
required manifest;
11.
failure
to
submit
reports
required
by
permits or Board regulations;
and
12.
failure
to
collect
and
contain
litter
form
the
site
by
the
end
of
each
operating
day.
The prohibitions
specified
in
this
subsection
(p)
shall
be enforceable
by
the Agency either
by
administrative
citation
under
Section
31.1
of
this Act
or
as
otherwise
provided
by
this
Act.
The
specific
prohibitions
in
this
subsection do not limit
the power
of
the Board
to
establish
regulations
or
standards
applicable
to sanitary landfills.
Section
21(p)
of
the Act
applies
to sanitary landfill
operations
“required
to have
a permit.”
The respondents’
operation certainly was required
to have
a permit,
in order
to
comply with
the Act and regulations that prohibit open dumping
and conducting
disposal operations without
a permit.
The
majority effectively rewrites Section 21(p)
so that
it only
applies
to
those operations
that
“in
fact, have
a permit.”
The General Assembly’s
intent on
the scope of applicability
of
the administrative citation mechanism
is
further
reflected by
the specific types
of violations enumerated
in Section 21(p).
Section 2l(p)(7) allows the Illinois Environmental Protection
Agency
(“Agency”)
to issue administrative citations
for
“acceptance
of wastes without necessary permits.”
It would seem
to me that the respondents are charged with acceptance
of wastes
without
the required Section
21(d) permit.
Therefore,
the charge
is certainly appropriate under Section 21(p)(7).
I find nothing
in
the statutory language
to preclude
issuance of an administrative citation against an unpermitted
landfill operation and Section 21(p)(7) seems
to
pecifically
authorize
it.
Accordingly,
I
issent.
ç
Bil-~—S’
c~adê
Member
of
the Board
82—124
—3—
I, Dorothy
M.
Gunn, Clerk
of
the Illinois Pollution
Control
Board,
hereby certify
that the above Dissenting Statement was
submitted
on the
9t~~
day of ________________________,
1987.
1J2~7~7,.
,.~L
Dorothy
M.
Gunn,
Clerk
Illinois Pollution Control Board
82—125