ILLINOIS POLLUTION CONTROL BOARD

June 5, 1997

BERNICE LOSCHEN,

Complainant,

v.

GRIST MILL CONFECTIONS, INC.,

Respondent.

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PCB 97-174

(Enforcement - Citizens)

DISSENTING OPINION (by J. Theodore Meyer):

I dissent from the majority opinion because this matter should be dismissed as

frivolous. As the majority indicated, the Board cannot grant the relief complainant is

requesting in her complaint, i.e., ordering respondent to purchase purifiers for complainant’s

use or to compensate complainant so that she may purchase another home at a different

location. In addition, I believe that the Board cannot consider this complaint because the

reactions of a person suffering from Multiple Chemical Sensitivity are not those of the

reasonable person. The law judges an interference such as the one complained of in this

matter by the reasonable person standard, not the hyper-sensitive person standard.

For these reasons, I respectfully dissent.

J. Theodore Meyer

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that

the above dissenting opinion was filed on the 13th day of June, 1997.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board