ILLINOIS POLLUTION CONTROL BOARD
December
4,
1980
ENVIRONMENTAL PROTECTION AGENCY,
)
Complainant,
v.
)
PCB 78—50
NORTH SHORE SANITARY DISTRICT,
Respondent.
Dissenting Statement
(by J. Anderson):
Since the Agency~sMotion to Dismiss was made after hearings
had commenced, and since the Agency stated that
it did “not believe
it
(could
sustain
a prima facie case,”
I disagree with the Board’s
decision to dismiss this case without prejudice.
In fairness to
the Respondent, the motion should either have been decided with
the case as a whole,
or granted with prejudice
(i.e. without leave
to refile).
~anG.~nerson
I, Christan L. Moffett, Clerk of the Illinois Pollution Control
Board, hereby certify th
the
above Dissenting Statement was filed
on the
~S~”’
day of
________________,
1980.
rY) ~JJ
Christan L. Moff~è
Clerk
Illinois Pollutio
ontrol Board
40—7