ILLINOIS POLLUTION CONTROL BOARD
    September 12,
    1991
    EARL
    R. BRADD, as owner of
    )
    the BRADD
    SANITARY
    LANDFILL,
    )
    Petitioner,
    v.
    )
    PCB 90—173
    )
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Respondent.
    CONCURRING OPINION
    (by B.
    Forcade):
    I agree with the outcome, but feel additional discussion is
    appropriate.
    The Board Opinion and Order of May 9,
    1991,
    as
    modified by Order of July 25,
    1991, reversed the Agency denial
    reasons
    2,
    3,
    4, and 5,
    and remanded reason
    1 to the Agency for
    additional review.
    A similar situation was reviewed by the Fifth
    District in IEPA v. PCB and Centralia Environmental Service, No.
    5-91—0099 (Order of June 14,
    1991).
    The Court stated,
    “That it
    further appears that the Board’s denial of some of the Agency’s
    reasons for rejecting the permit application is not precedential
    or law of the case, and the Agency would not be estopped from
    using those reasons again because the Board did deny the permit
    application in this case.... The denial of some of the Agency
    reasons was,
    in effect,
    obiter dicta.
    The Board’s rejection of
    some of the Agency’s reasons was therefore not precedential
    or
    law of the case.”
    It would appear to me that on remand the Agency is free to
    reevaluate and reassert denial reasons
    2,
    3,
    4, and
    5.
    Bill
    S. Forcade
    Board Member
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that)the above Concurring Opinion was filed
    on the
    ~5~-
    day of
    ~
    ,
    1991.
    126—31

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