I LLI

NOI

S POLLUTION CONTROL BOARD

April 3,

1980

ILL I NOI S ENVI RONMENTAL PROTFCTT ON AGENCY,

)

Petitioner,

v,

)

PCB 78—135

VILLAGE OF

P~LOS PARI,

Respondent.

CONCURRING OPINION (by

Mr. Dumelle):

My

reason for concurring in this case is that the

stipulation and thus the Board Order require the Village of

Palos Park ~o enact an ordinance relating to industrial or

(lomest

ic

waste

As a former city manager iL seems to me that villages

and cities and counties ought not to be ordered to enact

ordinances. Legislation by a ruling body ouQht to he

discretionary, not mandatory.

The Board itself rankles when the Federal government

tells Illinois what rule or regulation it must enact. Hobbling

discretion, whether in the enactment of ordinances or of rules,

makes a mockery of the legislative or quasi—legislative process.

espectful su .itted,

/

~acob D, Dumelle

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify t~at the above Concurring

Opinion was filed on the

3-~~

day of ~

1980.

I

I

Al)

I L

L~k.”~

~

JJ ~

Christan L. Moffett, Cldrk

Illinois Pollution Control Board