ILLINOIS POLLUTION CONTROL BOARD
    September
    27,
    1990
    INDUSTRIAL FUELS
    & RESOURCES!
    ILLINOIS,
    INC.,
    Petitioner,
    V.
    )
    PCB 90-53
    (SB 172 Siting)
    CITY COUNCIL OF THE CITY
    OF HARVEY,
    Respondent.
    DISSENTING OPINION
    (by R.C.
    Flemal)
    I dissent from today’s majority Opinion
    in this matter as
    regards:
    (1) the analysis presented
    in support of affirmation of
    Respondent’s decision on criterion #1, and
    (2) both the analysis
    and conclusion reached by the majority regarding Respondent’s
    decision on criterion #6.
    The majority’s analysis inappropriately limits the authority
    of a local review body to consider the merits of the “area
    intended to be served”.
    A local review body must have authority
    to accept or reject
    a service area as defined
    by the applicant,
    or else criterion #1 looses all meaning.
    I disagree with the majority’s conclusion regarding
    criterion
    #6
    in that
    I cannot find that Respondent’s decision was
    against the manifest weight of the evidence.
    .L
    Board Member
    I,
    Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Dissenting Opinion
    was filed on the
    ~
    day of
    _______________________,
    1990.
    Dorothy
    N. Gunn, Clerk
    Illinois Pollution Control Board
    11 5—127

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