ILLINOIS

POLLUTION

CONTROL

BOARD

March

22, 1990

ILLINOIS ENVIRONMENTAL

)

PROTECTION

AGENCY,

)

Complainant,

AC

88—90

V.

)

(Administrative

Citation)

(IEPA No.

9212-AC)

JAMES ESAREY,

Respondent.

DISSENTING

OPINION

(by J. Theodore

Meyer):

I dissent from

the majority’s

order granting

the Illinois

Environmental

Protection Agency’s

(Agency)

motion to

withdraw

its

complaint.

This

case was ready

for

decision——a

hearing

has been

held,

and both parties

have filed

briefs. At

this late stage,

the

Agency

has moved to

dismiss

the complaint.

Section

42(b) of the

Environmental

Protection

Act

requires any

person who is

found

to

have violated

Section

21(p) or(q)

to pay

any hearing

costs incurred

by the

Board

and the Agency.

These

hearing costs

have

been

incurred;

because

the

proceeding

has been

dismissed upon

the

Agency’s motion,

Illinois

will not

have any opportunity

to recover

those

costs.

Therefore,

I dissent.

J. (jL’heodore

Mey’er

Board

Member

I, Dorothy

M. Gunn, hereby

certify

that the

above Dissenting

Opinion was

filed on

the

day of

, 1990.

/

/

t—(L

7

Dorothy

M.

GAnn,

Clerk

Illinois Pollution

Control

Board

10

9-

575