ILLINOIS POLLUTION CONTROL BOARD

August 30,

1990

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Complainant,

)

v.

)

AC 89—224 Docket A

& B

(IEPA No. 9951—AC)

JOHN VANDER,

)

(Administrative Citation)

Respondent.

DISSENTING OPINION

(by B.

Forcade):

In this matter John Vander candidly admits that he knocked

down the buildings and burned them.

I would have found

a

violation to exist.

The majority seems

to find the continuous nature of the

event does not constitute

“open dumping” and thus precludes a

violation.

The majority does not explain what time period

is now

necessary under the law between when material

is placed on the

ground and when the Illinois Environmental Protection Agency can

issue an administrative citation for open dumping.

I

am certain

this newly created time period will be a fruitful area for future

administrative citation appeals.

Bill

S. Fo

ade

Board Member

I,

Dorothy M. Gunny Clerk of the Illinois Pollution Control

Board, hereby certify that the~boveDissenting Opinion was filed

on the

~2ZZ~

day of

c~

~

,

1990.

‘—I

~

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~y

Dorothy M.~’/Gunn, Clerk

Illinois Pollution Control Board

1I4-~357