ILLINOIS POLLUTION CONTROL BOARD
December 4,
1990
DOUGLAS FURNITURE OF
)
CALIFORNIA,
INC.,
)
Petitioner,
)
V.
)
PCB 90—22
)
(Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
DISSENTING OPINION
(by B.
Forcade):
I respectfully dissent from today’s action based on
reasoning more fully explained in my dissent in The Gricroleit
Company. v.
IEPA,
PCB 89-184
(November 29,
1990).
I do not
believe extension of the doctrine of Wells Manufacturing Co., v.
IEPA, 195 Ill.
App.
3d 593,
552 N.E.2d 1074
(1st Dist.
1990)
is
warranted beyond denials for claimed statutory violations
relating to “unreasonable interference”.
Here, Douglas had
actual knowledge of the Agency’s as~ertionsof a claimed failure
to meet emissions standards by no less than five letters and
meetings between November 24,
1987, and May 10,
1988.
I,
Dorothy N. Gunn,
Clerk of the Illinois Pollution Control
Board, her~ycertify that the above Dissenting Opinion was filed
on the
/~4~-’day of
__________________,
1990.
~
Dorothy )1/7Gunn, C1’erk
Illinois ~bllution Control Board
Board Member
117—09