ILLINOIS POLLUTION CONTROL BOARD
    October 16, 1992
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Complainant,
    )
    )
    v.
    )
    AC 92—5
    Dockets A
    & B
    RONALD D. RAWE and
    )
    (Administrative Citation)
    RETHA M. RAWE,
    )
    (IEPA No. 63-92-AC)
    )
    Respondents.
    DISSENTING OPINION (by
    3.
    Theodore Meyer and M. Nardulli):
    We dissent from the majority’s action in this case.
    As the
    concurring opinion points out,
    it appears that respondents
    engaged in what was,
    in the past,
    good farming practice.
    We
    recognize that these practices may now technically be
    a violation
    under the Environmental Protection Act
    (Act). We question,
    however, whether this accumulation of junked cars, used for
    erosion control, constitutes “litter” in violation of Section
    21(q)
    of the Act.
    We question the wisdom of the Illinois Environmental
    Protection Agency’s continuing choice to use Section 31.1 of the
    Act to enforce against farmers.
    The Agency has apparently chosen
    to ignore the thousands of urban areas in the state which also
    have accumulations of waste.
    Therefore,
    we dissent.
    J~’4Theodore~eyer
    Board
    Member
    *JJ
    1~2L4L~
    Michael L. Nardulli
    Board Member
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that
    1~e
    b ye dissenting opinion was filed
    on the
    ~
    day of
    _________________,
    1992.
    ~
    M~.
    Dorothy M./Øunn, Clark
    Illinois P~llutionControl Board
    0136-014LeI

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