ILLINOIS POLLUTION CONTROL BOARD

February 22, 1990

WILL COUNTY ENVIRONMENTAL

)

NETWORK,

)

Complainant,

v.

)

PCB 89—64

(Enforcement)

GALLAGHER ASPHALT,

Respondent.

DISSENTING OPINION (by J. Theodore Meyer):

I dissent from the majority’s decision to grant Gallagher

Asphalt’s motion for extension of time to file its report

evaluating possible noise reductions. On the one hand, the

majority1s order states that the report is to discuss and

characterize noise levels: on the other hand, the majority orders

that Gallagher not operate “the noise producing equipment, trucks,

or other devices” before 6 a.in. This seems inconsistent, as though

the majority may have already determined that this prohibition will

provide relief. This situation further highlights the difficulties

with these kinds of cases, as I stated in my January 11, 1990

dissent in this case. Therefore, I dissent from the majority order

issued today.

J\JTheodore Mey~r

Board Member

/

I, Dorothy M. Gunn, hereby,certify that,. e above Dissenting

Opinion was filed on the

Z,?”~

day of

_______________,

1990.

~

~

Dorothy M./~unn, Clerk

Illinois Pc~lutionControl Board

1fl~—223