ILLINOIS POLLUTION CONTROL BOARD
    July
    13, 1989
    IN THE MATTER OF:
    )
    )
    PIELET BROTHERS’ TRADING INC.,
    )
    AC 88—51, Docket A and B
    an Illinois Corporation,
    )
    (IEPA No.
    8983—AC)
    Respondent.
    CONCURRING OPINION (by J.D. Dumelle):
    The important issue here of whether or
    not the landfill
    permit had issued by operation of
    law is a legally complex one.
    My concurrence
    is based upon the belief that an
    Administrative Citation case is not the correct forum
    for such
    a
    complicated issue.
    The Illinois Environmental Protection Agency when inspecting
    these premises
    in the years since April
    1983 should long ago have
    brought an enforcement action for alleged lack of permit.
    Thus
    that major
    issue could have been thoroughly joined as ~ar back as
    1983.
    It would be expected that all landfills which are regularly
    inspected would have their current permits on file
    in the
    appropriate regional office.
    Any type of routine check
    of the
    files by an inspector should have revealed that no formally
    approved permit existed.
    At that time,
    say mid-1983, an
    enforcement action should have commenced.
    Litigation almost
    6 years
    later raises problems of
    recollection
    and
    employee
    turnover.
    ~
    /,~ácobD. Dumelle,
    Board Member
    I, Dorothy M. Gunn,
    Cler)(//of
    the Illinois Pollution Control
    Board, hereby certify
    tI~t_tH~
    above Conc
    ring Opinion was
    submitted on the
    ____________
    day of
    ___________
    /2L~
    Dorothy
    M. ~nn,
    Clerk
    Illinois Po~IlutionControl Board
    101—147

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