~T~

~ONTRCL

BOARD

~ch 21,

1584

In

The

Matter

uf:

PERMIT AND INSPECTIUL

~rs

FOR

HAZARDOUS

WASTE

DISPOSAL

FACILITIES

(~IN~uRULE)

DISSENTING OPINION

~

i.

U,

Dumelle;:

My

reasons

for dis’a~Lingin this proceeding are

largely

those outlined

in my C ~se~ting Opinion of

February

29,

1984

in R84—1

which

was

~

~n~rgency

Rule

of identical

language.

The rule is much

:~~tai1ed,

has largely

unsupported

criteria,

sets

a

peer

~

~

e’~rjt

for all future permit fee

determinations

(~at~,c~

~‘j

and

misses

the

intent

of

the

statute,

The st3tu

“~

.‘t:

set

the

fees

“to adequately

cover

all costs to the Ste~.

(emphasis added).

The Land Po1lu~

‘ontxol Division is presently funded

with 75

Federal money ~ci 25

State

funds.

The proposed

rule

in R84~7would levy 100

State funds or three times

beyond

actual £~:~ntcosts.

An argument can be made that P,A, 83~938is unconstitu-

tional

to the extent t~at

it

makes IEPA~swaste inspectional

functions the creature cc thi~B~ard~sa’tion on permit

fees,

That

would be an tr~as

u of the appropriation process

reserved

to the General

Asseribly

The

provision for ~billable inspections”

certainly

makes

this

argument

plausible’ namely that the fees are

tied

to

actual

TEPA work performed.

For

these reasons,

I dissen~

/

,

~1acobD.

Dumelle

Chairman

I,

Christan

L. M~tfect, Clerk of the Illinois Pollution

Control Board, he~ely o:~ti~ythat the abeve Dissenting

Opinoin

was filed on the

~

d~y

f

~

1984~

,~

~

~1iiistarL, Moffettj~lerk

Illinois Pollution Control