ILLINOIS POLLUTION CONTROL BOARD
    May
    10,
    1990
    ST. CLAIR COUNTY,
    Complainant,
    V.
    )
    AC 89—18
    (Dockets A &
    B)
    (Administrative Citation)
    J
    & R LANDFILL,
    INC.,
    )
    County No.
    89-1 SC
    An Illinois Corporation,
    Respondent.
    STATEMENT OF DISSENT
    IN PART
    (by R.C.
    Flemal,
    B.
    Forcade, and
    J.T.
    Meyer):
    We dissent
    from the
    finding
    of the majority
    that
    the
    violations
    recorded
    in Counts
    B and D were due
    to uncontrollable
    circumstances.
    In ~prior analyses of
    the matter of uncontrollable
    circumstances
    (see
    In the Matter
    of: Dan Heusinkved, County
    Clerk, County of Whiteside,
    State
    of
    Illinois,
    AC
    87—25,
    85 PCB
    247;
    In
    the Matter
    of: Vi11a~eof Rantoul,
    AC 87—100,
    92 PCB
    539),
    the Board has rightly held
    the respondent
    to
    a rigid burden
    of proof, pursuant
    to
    Ill.
    Rev.
    Stat.
    1987,
    Ch. l11~,par.
    1031.1(d)(2).
    We believe
    the majority has departed from that
    position
    in today’s action.
    The majority accepts
    too uncritically J&R’s contention that
    it was unable
    to collect
    litter due to muddy and cold
    conditions.
    All landfills are subject
    to muddy and cold
    conditions
    at
    times,
    and the mere existence of wet and/or cold
    conditions
    is not itself sufficient
    to constitute
    an
    uncontrollable circumstance
    (See Heusinkved, supra).
    Critically,
    it must also be
    recognized
    that
    the period of November
    28
    to
    December
    2,
    1988,
    during which
    time the litter undis~utably
    remained uncollected,
    consisted of
    five consecutive ~eekdays,
    Monday
    to Friday.
    J&R simply has not carried
    •its burden of proof
    of
    showing
    that
    at all
    times during this extended period
    it was
    unable to meet its litter collection obligation due
    to
    uncontrollable circumstances.
    /~
    (
    Ronald
    C.
    Flemal, Board Member
    Bili~.
    a~e,Boar&~-~Me~ber
    J~heodore ~Meyer, Board Member
    ii l—~
    S’)
    I,
    Dorothy
    M. Gunn,
    Clerk
    of the Illinois Pollution Control
    Board, hereby certify
    that
    the above Statement of Dissent
    in Part
    ç
    was filed on
    the
    //L/.~~
    day c~.
    ______________
    ,
    1990.
    /~
    //
    ~
    p2..
    ~
    Dorothy M/2’unn, Clerk
    Illinois Po’llution Control
    Board
    111—6(1

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