ILLINOIS POLLUTION CONTROL BOARD

May 4,

1995

MEDICAL DISPOSAL SERVICES,

)

INC.,

Petitioner,

v.

)

PCB 95-75

PCB 95—76

ILLINOIS ENVIRONMENTAL

)

(Permit Appeals

-

Air

PROTECTION AGENCY,

)

Land)

(Consolidated)

Respondent.

DISSENTING OPINION (by

E.

Dunham):

I respectfully dissent from the majority order in this

matter because

I believe siting approvals are freely

transferable.

Therefore,

I would have granted petitioner’s

motion for summary judgment.

I agree with the dissent of Member Meyer.

I would add only

that

I believe the Board’s reliance on the statutory use of the

term “applicant”

in both the siting approval and permit

application contexts

is overly narrow.

As Member Meyer stated,

the Section 39(c) prohibition is against a permit issuance by the

Agency

“...

unless the applicant submits proof to the Agency that

the location of said facility has been approved by the County

Board

.

.

.“

(emphasis added).

Neither Petitioner nor Respondent claim that the “location

of said facility” has not received the requisite approval under

the Act.

For these

reasons,

I respectfully dissent.

~Iè~4~

ZZ

Emmett Dunham II

Board Member

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

Board, here~ycertify t at the above dissenting opinion was filed

on the

/k~

day of

______________,

1995.

(Ii

(7

I~U

~

Dorothy M. ,q~ünn, Clerk

Illinois Pá~jlutionControl Board