ILLiNOIS

POLLUTION

CONTROL

BOARD

rlay

1,

1980

t!~LIN1OIS

ENVIRONMENTAL

PROTECTION

)

AGENCY,

Complainant,

v.

)

PCB 79—77

THE

RANDOLPH

COUNTY

LANDFILL

AND SALVAGE,

INC.,

a

Delaware

corporation;

S

& L SANITATION,

INC.,

a flissouri corporation;

ROGER

£~. RINNE;

LARRY

G.

HENDERSON;

)

and

JOHN

C.

HENDERSON,

Respondents,

DISSENTING OPINION

(by Board Member Goodman):

The majority of the Board today granted respondent

Roger

L.

Rinne Leave

to File

an

Amended

Motion

for

Reconsideration

in

this matter.

In this Order the Board

states “inadequate

information has been provided.

For

example,

the

actual grounds on which

the motion

is

based

(such

as financial hardship,

etc.)

are

not

fully detailed

or

supported.”

That

statement

contains

the

precise grounds

upon

which

I

would

have denied respondent~sMotion for

Reconsideration

of

d

previous

Board

Order.

The

Board

has

no

duty

to

solicit

information

from

a

respondent who

wishes

reconsideration

of

a

Board

decision.

Respondent

is

and

has

been

represented

by

an

attorney who

the Board must presume

is competent. The lack of the basic

information noted by the Board

in

the petition merely

indicates that

such information

is not available.

Forcing

petitioner

to file yet another pleading

in this matter may

indeed eacerbate

the situation of which respondent

complains.

---

—2—

ii would have denied the motion and therefore respectfully

(~c?flt

irom

the Board’s

decision.

—

I Christan L.

Moffett, Clerk of

the Illinois Pollution

Control

Board, hereby cer~ifythat th~above Dissenting Opinion

was submitted

on the

~

day of

~

1980.

r’J

~i

~U~4Zi2~Jfri~

Christan

L. Mof~j~,

Clerk of the Boai~’