ILLINOIS POLLUTION CONTROL

BOARD

August 30, 1990

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Complainant,

V.

)

AC 89—224

(Administrative Citation)

JOHN VANDER,

)

(IEPA No. 9951-AC)

Respondent.

DISSENTING OPINION

(by

3.

Theodore Meyer):

I dissent from the majority opinion

in this matter,

because

I disagree with the majority’s conclusion that Mr. Vander’s conduct

did

not

constitute

“open

dumping”.

Section

3.24

of

the

Environmental

Protection

Act

defines

“open

dumping”

as

“the

consolidation of refuse from one or more sources at a disposal site

that does not fulfill the requirements

of a sanitary landfill.”

In this case, Mr. Vander demolished two old buildings, scooped the

debris into piles, and then burned the piles.

I believe that the

debris

from the buildings was “refuse”, which was “consolidated”

at a “disposal

site” which clearly did not meet the requirements

of a sanitary landfill.

The statutory definition of open dumping

is a simple one, and I believe that Mr. Vander’s conduct fell under

that definition and thus constituted “open dumping”.

For these reasons,

I dissent.

Meyer

Boar

Member

I,

Dorothy N.

Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certify that~the~aboveDissenting Opinion was filed

on the

c~Y~

day of

~

,

1990.

~

7~

/

Dorothy

M. Günn,

Clerk

Illinois Pollution Control Board

I

14—~61