ILLINOIS POLLUTION CONTROL BOARD

August

13,

1992

ILLINOIS

ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Complainant,

)

v.

)

AC 91—31

Dockets A

& B

RANDALL LOVELESS,

)

(Administrative Citation)

)

(IEPA No.

305-91—AC)

Respondent.

DISSENTING OPINION (by J. Theodore Meyer):

I dissent from the majority’s action in this case.

It

appears that respondent was engaged in good farming practices.

do recognize that these practices may technically be a violation

under the Environmental Protection Act. However,

I question the

wisdom of the Illinois Environmental Protection Agency’s

continuing choice to use Section 31.1 of the Act to enforce

against farmers.

Ihe Agency has apparently chosen to ignore the

thousands of urban areas in the state which have accumulations of

waste similar to those in this case.

Therefore,

I dissent.

~~doreI4ey~~

Board Member

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board,

hereby certify tha) the above dissenting opinion was filed

on the

‘~Y~

day of

.Z1-z~-e

~

,

1992.

~

Dorothy M. G~dnn, Clerk

Illinois Pollution Control Board

0135-0377