ILLINOIS POLLUTION CONTROL BOARD
    September 20, 2001
     
    JERSEY SANITATION CORPORATION, an
    Illinois corporation,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 00-82
    (Permit Appeal – Land)
     
     
     
    DISSENTING OPINION (by E.Z. Kezelis):
     
    I believe the majority’s denial of the pending motion to strike and the request for
    evidentiary hearing is unduly precipitous in light of the information currently before us.
    Roughly two weeks elapsed between the deadline for filing the motion for
    reconsideration (August 1) and its receipt by the Board (August 14). If the pending
    motion for reconsideration was untimely, we would lack jurisdiction over it. Given the
    remarkable amount of time that elapsed between the filing deadline and our receipt, I
    would have directed the Illinois Environmental Protection Agency to provide greater
    specificity of the circumstances surrounding the mailing of the motion, such as the time
    and date of deposit and the location of the mailbox into which it was deposited. I believe
    this information must be provided before we can conclude that 35 Ill. Adm. Code
    101.300(b)(2) was satisfied.
     
      
     
    On the other hand, if, as the majority apparently concludes, the motion for
    reconsideration was timely, then I would grant it.
    See
    Jersey Sanitation Corp. v. IEPA,
    PCB 00-82 (June 21, 2001) (dissent).
     
     
    For these reasons, I respectfully dissent from today’s majority opinion.
     
     
      
      
      
      
      
     
    Elena
    Z.
    Kezelis
     
      
      
      
      
      
    Board Member
     
     
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that I
    received the above dissenting opinion on the 20th day of September, 2001.
     
     
      
      
      
      
      
     
    Dorothy
    M.
    Gunn,
    Clerk
    Illinois
    Pollution
    Control
    Board
      
     

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