ILLINOIS POLLUTION CONTROL

BOARD

December 30,

1982

WASTE MANAGEMENT OF ILLINOIS, INC.,

)

Petitioner,

v.

)

PCB 82—119

LAKE COUNTY BOARD,

Respondent,

and

VILLAGE OF ANTIOCH,

Intervenor.

CONCURRING OPINION (by J.D. Dumelle):

While

I fully agree with the Order and most of the Opinion,

I do not agree with the majority “that these highly technical

issues are beyond the jurisdication of the local authorities and

are to be determined by the Illinois Environmental Protection

Agency (“Agency”)”.

(Opinion, pp.6—7).

My dissenting Opinion in Tazeweli County

(PCB 82-55,

August

5,

1982) pointed out that a plain reading of Criterion No.

2

cannot square with this majority holding.

The criterion reads:

The facility is so designed, located

and proposed to be operated that the

public health,

safety and welfare will

be protected.

The majority had the opportunity here to reverse the erroneous

holding first made in Tazewell County.

Senator Adeline Geo—Karis

in sworn testimony on August 18,

1982 stated “...the intent was...

to make sure the use of the

land as a landfill would not affect

the health,

safety, and the welfare of the people.”

(R.94—5).

Later on Senator Geo—Karis averred that Senator Vince DeMuzio,

the principal sponsor of PA.

82—682,

agreed

ith her on this

intent.

(R.95).

3 cob D.

Dumelle, Chairman

I,

Christan

L. Moffett,

rk of the Illinois Pollution

Control Board, h~rebycertify that the above Concurring Opinion

was filed on______________ day of ________________________-,

1983.

/,

Christan L. ~Möffett,/,~791’erk

Illinois Pollution dthtrol Board

50-203