ILLINOIS POLLUTION CONTROL
BOARD
December 30,
1982
WASTE MANAGEMENT OF ILLINOIS, INC.,
)
Petitioner,
v.
)
PCB 82—119
LAKE COUNTY BOARD,
Respondent,
and
VILLAGE OF ANTIOCH,
Intervenor.
CONCURRING OPINION (by J.D. Dumelle):
While
I fully agree with the Order and most of the Opinion,
I do not agree with the majority “that these highly technical
issues are beyond the jurisdication of the local authorities and
are to be determined by the Illinois Environmental Protection
Agency (“Agency”)”.
(Opinion, pp.6—7).
My dissenting Opinion in Tazeweli County
(PCB 82-55,
August
5,
1982) pointed out that a plain reading of Criterion No.
2
cannot square with this majority holding.
The criterion reads:
The facility is so designed, located
and proposed to be operated that the
public health,
safety and welfare will
be protected.
The majority had the opportunity here to reverse the erroneous
holding first made in Tazewell County.
Senator Adeline Geo—Karis
in sworn testimony on August 18,
1982 stated “...the intent was...
to make sure the use of the
land as a landfill would not affect
the health,
safety, and the welfare of the people.”
(R.94—5).
Later on Senator Geo—Karis averred that Senator Vince DeMuzio,
the principal sponsor of PA.
82—682,
agreed
ith her on this
intent.
(R.95).
3 cob D.
Dumelle, Chairman
I,
Christan
L. Moffett,
rk of the Illinois Pollution
Control Board, h~rebycertify that the above Concurring Opinion
was filed on______________ day of ________________________-,
1983.
/,
Christan L. ~Möffett,/,~791’erk
Illinois Pollution dthtrol Board
50-203