ILLINOIS POLLUTION CONTROL BOARD

April

25, 1991

SEXTON ENVIRONMENTAL

)

SYSTEMS,

INC.,

)

Petitioner,

)

v.

)

PCB 91-4

)

(Permit Appeal)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

Respondent.

CONCURRING OPINION

(by J. Theodore Meyer):

I agree with the majority’s conclusion that special condition

#29 of the permit issued by the Illinois Environmental Protection

Agency

to

Sexton

Environmental

Services

should

be

stricken.

However,

I concur to express my concerns

in two areas.

First,

I

continue to be wary of cases

(such as this

one)

involving trade

secret claims.

Unlike the judiciary,

Board members apparently do

not have any type of immunity or “malpracticet’ insurance coverage.

The

State

should

either

grant

immunity

or

agree

to

defend

individual

Board members should a party sue the Board on a trade

secret determination.

Second,

I am bothered by the implication in

this decision that the Board will not address the recycling issue

at this time simply because the waste

is destined for

an out-of-

state landfill.

For these reasons,

I concur.

~

J.’~TheodoreMeyer

Board

Member

I,

Dorothy

M.

Gunn,

Clerk

of

the

Illinois

Pollution

Control

Board,

hereby

certify

that

the

above

Concurring

Opinion

was

filed

on the

~29’~

day

of

_______________,

1991.

Dorothy M. G~hf1, Clerk

Illinois Pollution Control Board

121—641