ILLINOIS POLLUTILN CONIhOL BOARD

September 17, 1987

ILLINOIS ENVIRONMENTAL

PROTECTION AGLI~C’~’,

Complainant,

v.

)

AC 87—6

JAMES PRESSNALL,

Respondent.

DISSENTING STATEMENT (by B. Forcade):

I respectfully

dissent from today’s decision.

The

majority

would hold that the General Assembly’s intention was to exclude

unpermitted landfills from the scope of Section 21(p) of the

Illinois Environmental Protection Act (“Act”). This holding

unnecessarily eliminates an effective enforcement mechanism.

do not feel that the language of Section 21(p) supports this

outcome. Additionally, I am disturbed that the majority, by so

holding, dismisses this case on a theory that was not advanced by

the respondent and has not been briefed by either party.

Section 21(p) of the Act applies to sanitary landfill

operations “required to have a permit.” James Pressnall’s

operation certainly was required to have a permit, in order to

comply with the Act and regulations that prohibit open dumping

and conducting disposal operations without a permit. The

majority effectively rewrites Section 21(p) so that it only

applies to those operations that “in fact, have a permit.”

The General Assembly’s intent on the scope of applicability

of the administrative citation mechanism is further reflected by

the specific types of violations enumerated in Section 21(p).

Section 2l(p)(7) allows the Illinois Environmental Protection

Agency (“Agency”) to issue administrative citations for

“acceptance of wastes without necessary permits.” It would seem

to me that James Pressnall is charged with acceptance of wastes

without the required Section 21(d) permit. Therefore, the charge

is certainly appropriate under Section 2l(p)(7).

I find nothing in the statutory language to preclude

issuance of an administrative citation against an unpermitted

landfill operation and Section 2l(p)(7) seems to specifically

authorize it. Accordingly, I dissent.

Bill S o~cade

Member of the Board

81—317

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

Board, hereby certify that the above p-issenting Statement was

submitted on the ~‘?.2”~”day of _______________________, 1967.

Dorothy M. Gu’nn, Clerk

Illinois Pollution Control Board

SI ~—318