ILLINOIS POLLUTION
CONTROL BOARD
January
6,
1977
ENVIRONMENTAL
PROTECTION AGENCY,
)
Complainant,
v.
)
PCB 75—487
CITY
OF MOUNT CARMEL,
a municipal corporation,
)
Respondent.
DISSENTING OPINION
(by Mr. Young):
I am unable to find a violation of the Act or our Regu-
lations
in this matter and would dismiss
the Complaint.
In this case the activity complained of was undertaken
to prevent further damage in the Rose Hill Cemetery from
water erosion and there was no environmental damage alleged
and no evidence was introduced indicating any environmental
damage.
The material
used
to control the erosion has no
potential for pollution and I am unable
to categorize it as
refuse, even given the broad definition of the Act.
Rule 202(a) of Chapter
7 provides that no person shall
cause or allow the use or operation of any solid waste manage-
ment site for which
a Development Permit is reauired under
Rule 201 without an Operating Permit issued by the Agency.
A Development Permit pursuant to Rule
201 was issued to the
City on December 24,
1975,
five days after the Complaint was
filed,
and inert material,
brush and trees
were placed in
the erosion gully before the City obtained an Operating Permit.
I believe iL
is reasonable
to conclude LhaL no Develop-
ment Permit was required in this
instance, given
the nature
of the activity undertaken.
The determination of whether or
not a Solid Waste Management Site Development Permit is
required is accomplished by a consideration of the nature and
use of the site, both before and at the conclusion of the
activity undertaken;
the purpose for which the material
is
deposited;
and the nature of the material employed.
In the
instant case,
the nature and use of the site both before and
after the activity are identical;
the material was deposited
24—521
or
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