ILLINOIS POLLUTION CONTROL BOARD

October

5,

1995

COUNTY OF WILL,

)

Complainant,

v.

)

AC 94—98

AC 95—1

CDT LANDFILL CORP.,

)

AC 95-2

(Administrative Citation)

Respondent.

)

(WC 94AC2,

WC 94AC3, WC 94AC5)

DISSENTING OPINION

(by J. Theodore Meyer):

I dissent from today’s interim opinion and order because

landfills subside over time so, practically speaking, there will

be times when waste will exceed the height limit.

In addition,

an administrative citation is similar to a criminal case in that

there are serious ramifications to being cited for violating the

Environmental Protection Act,

namely,

fines that could total

thousands

of dollars.

As

such,

the evidence relied upon when

imposing an administrative citation penalty should be more

conclusive than simply comparing the contour elevation of the

landfill to the height of a commercial truck.

For these reasons,

I respectfully dissent.

J. Theodore f4eyer

Board Member

I,

Dorothy M. Gunn, Clerk

of the Illinois Pollution Control

Board, hereby certify that the above dissenting opinion was filed

on the

~

day of

/1~7~(~k/,

1995.

/

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~

Dorothy M./Gunn,

Clerk

Illinois Pollution Control Board