ILLINOIS POLLUTION CONTROL BOARD

April 25, 1991

VILLAGE OF MATTESON,

)

)

Complainant,

)

V.

)

PCB 90—146

(Enforcement)

WORLD MUSIC THEATRE,

)

JAN

PRODUCTIONS,

LTD.,

)

DISCOVERY SOUTH GROUP,

LTD,

)

and GIERCZYK DEVELOPMENT,

INC.,

)

Respondents.

CONCURRING OPINION

(by J. Theodore Meyer):

I

concur

in

the majority’s

opinion

finding

respondents

in

violation of Section 24 of the Environmental Protection Act

(Act)

and 35 Ill.Adm.Code 900.~01and 900.102.

However,

I must reiterate

my

concern

with

the

increasing

number

of

citizen

enforcement

complaints received by the Board, especially those involving noise

pollution problems.

Because the Illinois Environmental Protection

Agency

(Agency)

is not involved in these cases, no state inspector

ever visits the locations of the problems to evaluate the claims.

The Board is left in the position of having only the claims of the

two opposing parties, and no independent verification of the true

situation.

Additionally,

the

Board

must

create

some

type

of

relief.

As a result, the Board is left as both the policeman and

the

judge

in

these

cases.

I

believe

that

this

situation

is

improper.

For these reasons,

I concur.

‘if

~

.~

~.

J. ~ieodore

Meyer

Board Member

I,

Dorothy M.

Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certify that the above concurring Opinion was filed

on the

~~‘7-

day of

________________,

1991.

~

Dorothy M.

9~.1nn, Clerk

Illinois Pollution Control Board

12 1—621