ILLINOIS POLLUTION CONTROL BOARD
November 19,
1992
JN4ES LYNCH,
Petitioner,
v.
)
PCB 92—81
(Underground Storage
ILLINOIS ENVIRONMENTAL
)
Tank Fund)
PROTECTION AGENCY,
Respondent.
DISSENTING OPINION
(by J.C.
Marlin)
I decline to join the majority’s opinion and order in this
case.
As stated in
my
dissent in Enterprise Leasing Co.
(PCB 91—
174, April
9,
1992),
I do not believe that the original statute
envisioned reimbursement for tank removal
in a situation where a
removal was underway when contamination was first discovered.
In
this instance the tank removal was not part of “corrective
action”.
Such items as removal of contaminated soil
is
reimbursable as part of a cleanup.
I believe the original
statute envisioned reimbursement for tank removal when
it was a
part of a cleanup.
The new statutory language makes that point
clear.
A similar situation existed in Galesburg.
,//
J•
C. Marlin
I,
Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the above Dissenting Opinion was
submitted
on the
~
day of
77~—~
,
1992.
~
~.
/~2&~)
Dorothy M. ,~inn, Clerk
Illinois P6llution Control Board
0137017