ILLINOIS POLLUTION CONTROL BOARD
    January 10, 2002
     
    COUNTY OF SANGAMON,
     
    Complainant,
     
    v.
     
    EVERETT DAILY,
     
    Respondent.
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    AC 01-16
    (SCDPH 00-AC-1)
    AC 01-17
    (SCDPH 00-AC-2)
    (Administrative Citation)
    (Consolidated)
    DISSENTING OPINION (by G.T. Girard):
     
    I respectfully dissent from the Board’s order issued today in this matter. I believe that
    there are genuine issues of material fact concerning the issues of estoppel as well as what
    constitutes open dumping. Therefore, summary judgment is not appropriate, and this matter
    should proceed to hearing.
    The respondent argues that the complainant should be estopped from bringing the
    administrative citation because there are issues of fact. However, the majority finds that the
    “facts of the present administrative citation do not rise to the level necessary to justify
    application of the doctrine of estoppel to the County’s [complainant’s] actions.” The record
    before the Board does not support this finding. It is undisputed that the complainant performed
    an inspection of the property; however, the parties do not agree on what the purpose of that
    inspection was. Under one scenario the complainant could win but under the second scenario the
    respondent may prevail. Therefore an issue of fact exists and the matter should go to hearing.
    On the issue of what constitutes open dumping, respondent’s affidavit asserts that the
    materials on the property are items for which respondent has a planned use. Complainant
    maintains that the items are discarded and are therefore litter. Although depositions and
    affidavits have been filed, I do not believe either is sufficient to decide this issue for one party or
    the other. Therefore I believe this matter should go to hearing.
    For these reasons I respectfully dissent.
     
     
    G. Tanner Girard
    Board Member
     
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the
    above dissenting opinion was submitted on January 16, 2002.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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