ILLINOIS POLLUTION CONTROL BOARD
    August 30, 1990
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 90-89
    (Enforcement)
    FRED JOHNSON,
    HERMAN
    L. LOEB,
    JOHNSON & BRIGGS TANK TRUCK SERVICE
    )
    a/k/a JOHNSON & BRIGGS TANK TRUCK
    )
    & HEATER SERVICE,
    )
    )
    Respondent.
    DISSENTING OPINION (by B. Forcade):
    The motion to dismiss raises matters for disposition which
    are outside the record. To prevail upon such motion, Loeb must
    attach competent proof of the matters asserted. 35 Iii. Adm. Code
    101.242 (a). He fails to do so. Therefore, I would have denied
    the motion. Any supplement to the motion to dismiss will not be
    filed within the 21 day time limit of 35 Ill. Adm. Code 101.243;
    therefore, it will be untimely.
    Both sides to this controversy are represented by counsel, I
    do not believe it is necessary for this Board to reach out and
    tell them how to p tice law.
    Bil S.~r~cade,Bd~-td
    eItther
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the
    above
    Dissenting Opinion was
    submitted on the ~/~--~-day of
    ~
    ,
    19/8-9.
    /~L~
    ~‘
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
    I
    14—8~

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