ILLINOIS POLLUTION CONTROL BOARD

October 27,

1994

CONTINENTAL WASTE INDUSTRIES

)

OF ILLINOIS,

INC.,

)

Petitioner,

)

V.

)

PCB 94—138

(Siting Review)

CITY OF MT. VERNON,

ILLINOIS,

)

)

Respondent.

CONCURRING OPINION

(by J. Theodore Meyer):

I fully agree with the majority opinion in finding that the

Board has jurisdiction to consider this matter, that petitioner

has failed to show that it was denied fundamental fairness, and

that Mt. Vernon’s decision denying siting approval was not

against the manifest weight of the evidence.

I concur only to

express my continuing position that the Board does not have the

power or authority to decide the constitutionality of Illinois

statutes.

As I stated in my dissenting opinion in PeoDle of the

State of Illinois v.

Santa Fe Park Enterprises.

Inc.

(September

23,

1983), PCB 76—84, the determination on the constitutionality

of a statute is a power reserved exclusively to the judicial

branch of state government.

The Board,

as an administrative

agency, cannot exercise that power.

Thus,

I would not have

substantively addressed the constitutional claims raised by

petitioner.

For these reasons,

I concur.

J. Th~bdoreMeyer

Board Member

I, Dorothy M. Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certify tha

the above concurring opinion was filed

on the

/~-‘~

day of

_______________,

1994.

~

IL.

~

Dorothy M.

9inn,

Clerk

Illinois P~3lutionControl Board