ILLINOIS POLLUTION CONTROL BOARD

July 13, 1989

McLEAN COUNTY DISPOSAL

)

COMPANY, INC.,

Petitioner,

)

v.

)

PCB 89—108

THE COUNTY OF McLEAN,

)

(Redocketed from

PCB 87—133)

Respondent.

DISSENTING STATEMENT (by Messrs

3.

Dumelle and M. Nardulli):

Our dissenting votes are based upon two reasons.

First, this case is a remand of PCB 87—133. To renumber and

then to require a filing fee seems unfair to the Petitioner. It

is and always has been and ongoing single case.

If the Petitioner does not pay the filing fee and the

majority dismisses it as promised will the Petitioner then obtain

its landfill permit by operation of law after 120—days have

passed?

Second, the majority here has decided that the 120—day time

period has restarted. The Board has had rernands of different

types of cases (i.e. variances and permit appeals) and has, we

believe, not so held that the decision period restarts.

~

Jacob D. Dumelle

~

Michael L.

~

Nardulli

oard Member

Board Member

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

Board, hereby certify that the above Diss tirig Statement was

submitted on the

/f~

day of

____________

~4,

1,

Dorothy M. ~nn, Clerk

Illinois Po~1utionControl Board

101—113