ILLINOIS POLLUTION CONTROL BOARD

August

30,

1990

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

AC 89—224 Docket A

& B

v.

)

(IEPA no.

9951—AC)

(Administrative Citation)

JOHN VANDER,

Respondent.

DISSENTING OPINION

(by J.D.

Dumelle)

The majority found

that “open dumping” did not occur

in this

case.

I disagree.

The definition speaks of

“the consolidation of

refuse from one or more sources...”.

The record clearly shows

that

the bulldozer consolidated

the debris into a pile for burning.

(R.

14).

Once that consolidation occurred then open dumping had

happened.

To argue, as the majority does that somehow all demolition could

be construed as open dumping

is

to set up

a straw man.

Obviously a

demolished building may have

to be completely leveled before removal

can

be safely dome.

The question

is “What

is

the action after

demolition?”

If

it

is removal

then no violation exists.

If

it

is

burning

or abandonment then a violation exists.

Finally,

the record speaks of

the burning of

eight, not two

buildings.

(R.

8,

16).

It would appear that six other buildings

were illegally burned at this location but

not cited

in the

administrative citation.

The record also shows a previous open

burning citation

to Mr. Vander

(R.

19).

Thus he was well aware

of

the Illinois prohibition on the burning of buildings.

The majority has here weakened the use of

the administrative

citation in all demolition cases where burning occurs.

For

these

reasons,

I dissent.

t~7~

~

J~cobD.

bumelle, P.E.

B4~ardMember

I

I

‘4.~çc

---

I, Dorothy

M.

Gunn, Clerk of the Illinois Pollution Control

Board

hexz.eby certify the1aboyeDissenting Opinion was submitted on

the

__________

day of

~

~

,

1990.

7/

y~:

~

Dorothy M.

Gunn, Clerk

Illinois Pollution Control Board

ii

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