ILLINOIS POLLUTION CONTROL BOARD
A.ugust .18, 1~T7
CANNON
CONSTRUCTION COMPANY,
Petitioner,
V.
)
PCB
77—57
ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
DISSENTING OPINION
(by Mr. Dumeile):
My reason for
dissenting is that the
Petitioner should have
known of the
requirements of the Solid Waste
Regulations. These
Regulations were
adopted by this Board. on
July 31, 1973 well before
the Petitioner began
operation in late
1974 or early 1975.
A variance
from a solid waste permit.
requirement should not
be given lightly.
The Board set the permit
requirements to generate
the very onsite environmental
information
needed to avoid pollution
problems in the future. For
someone to
ignore these requirements
and then for the Board
to grant a variance
from them is to weaken
the entire regulatory
structure,
The failure to obtain a
permit here
was self—imposed. The
Petitioner should have
known of the requirement
and should have
obeyed it. I would have
denied the variance
for these reasons.
Respectfully
submitted,
/
/‘
/
ti~ ~ £
Jacob
D. Dumelle
I, Christan
L. Moffett,
Clerk of the Illinois Pollution Control
Board her~y certif
th above Dissenting
Opinion was submitted on
the ~
day ~
1977.
Christan L. off
,
ler
Illinois Pollution trol Board
/1/’