WASTE MANAGEMENT OF ILLINOIS,

INC.,

a Delaware Corporation,

Petitioner,

V.

BOARD

OF

SUPERVISORS OF

TAZEWELL COUNTY,

Respondent.

PCB

82—55

ILLINOIS

POLLUTION

CONTROL

BOARD

July 26, 1982

)

)

DISSENTING STATEMENT (by J.D. Dumelle):

My reason for dissenting on today~sorder voted by the

majority and from the July 21 denial order is because sufficient

time did in fact exist in which to hold the additional hearing

requested.

From July 21 to August

6 totals 17 days.

This was

a more than sufficient period in which to have the hearing,

receive expedited copy, and decide the case,

Expunging the sentence in the order of July 21 referring to

the “insufficient time~does not change the fact that this sentence

was enacted as the then stated reason for denial.

Today the Board now seems to feel that denial is necessary

because matters of record content and/or fundamental fairness

could have been the subject of an additional hearing and that

these reasons were not alleged by the City of East Peoria.

East Peoria is

a city of only 22,083 persons.

Its city attorney

is most probably part—time,

Because he may not have fashioned

the perfect pleading in the pressure of time

is no reason not

to grant the hearing.

Conditions could have been placed upon

evidence to be presented at the additional hearing all

in

accordance with the Board’s statutory charge.

What is at stake here, in East Peoria~sview,

is the

preservation of their drinking water aquifer.

I would have

allowed the additional hearing subject to proper conditions.

I, Christan

L.

Moffett, he~?ycertify that this Dissenting

Statement was filed on the

~~day

of,~~

~

1982.

Christan L. Moffett, Clerk~7fl

Illinois Pollution Control Board

irman

47-471