ILLINOIS POLLUTION CONTROL BOARD

July 11, 1985

BRUCE JACOBSON and

~ATHRINE JACOBSON,

Complainants,

v.

)

PCB 85—30

E~ATHLEENGIENCKE,

Respondent.

DISSENTING OPINION (by Messrs J.D. Dumelle and walter J. Nega)

For the reasons enumerated by Chairman Dumelle in his

Dissenting Opinion in Chenietco, Inc., PCB 83—2, February 20,

1985, we dissent.

This simple “consent order” should have been accepted and

the instant litigation ended. Both parties agreed on a joint and

statisfactory solution to the environmental problem alleged.

A bare majority of this Board has rejected this proposed

solution on a strained and narrow interpretation of

the

Board’s

power. There are a great many more important issues for this

Board to spend its time upon than a residential wood stove and an

agreement to not use it.

lhairman

Board Member

/

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

~ Board, hereby certify that the above Dissenting Opinion was filed

on the j41~~day of

_______________,

1985.

~

/

Ill

Pollution Control Board

85-47