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~