ILLINOIS POLLUTION CONTROL BOARD
    September 17, 1998
    IN THE MATTER OF:
    PETITION OF CITY OF SALEM FOR AN
    ADJUSTED STANDARD FROM 35 ILL. ADM.
    CODE PART 814, SUBPART D.
    )
    )
    )
    )
    )
    AS 98-2
    (Adjusted Standard - Land)
    DISSENTING OPINION (by R.C. Flemal):
    I respectfully disagree with today’s decision to deny the motion for reconsideration. In ruling upon a
    motion for reconsideration, the Board is to consider factors including, but not limited to, error in the previous
    decision and facts in the record which are overlooked. 35 Ill. Adm. Code 101.246(d). I believe the previous
    decision to deny the adjusted standard was in error. The petition adequately set forth the four criteria required in
    Section 28.1(c) of the Illinois Environmental Protection Act (415 ILCS 5/28.1(c) (1996)). Therefore, the petition
    should have been granted.
    For this reason, I dissent.
      
    Ronald C. Flemal
    Board Member
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above dissenting
    opinion was submitted on the 18th day of September 1998.
      
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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