ILLINOIS POLLUTION CONTROL BOARD
    September 13, 1989
    WASTE MANAGEMENT OF ILLINOIS
    )
    INC.,
    )
    Petitioner,
    v.
    )
    PCB 89—28
    )
    VILLAGE OF BENSENVILLE,
    )
    )
    Respondent.
    DISSENTING OPINION (by .3. Anderson):
    I dissent because I believe the Board should have granted
    reconsideration, then reversed its manifest weight holding on
    Criterion #1 and then overruled the Village’s decision, all for
    the reasons stated in the dissenting Opinion of August
    10,
    1989.
    I also believe reconsideration should have been granted in
    any event. Granting reconsideration does not in—and—of itself
    affect the outcome
    —
    whether to affirm or reverse the prior
    action. When the Board, as here, is considering issues newly
    raised in the motion and affirming and expanding upon its prior
    opinion, is it not in fact granting the motion for
    reconsideration? Unless the Board finds that the Motion fails to
    raise new issues, I do not believe it should deny a motion to
    reconsider. Otherwise, it sends a mixed message: if it is
    refusing to grant the motion, for what purpose is it addressing
    its contents?
    For these reasons, I respectfully dissent.
    ,~oanG. Anderson
    I
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the a~ve Qissenting Opinion was
    submitted on the ~
    day of ~
    ,
    1989.
    Dorothy M. G)4nn~ Clerk
    Illinois Po’lution Control Board
    103—25

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