ILLINOIS POLLUTION CONTROL BOARD

February

4,

1993

GREENVILLE AIRPORT AUTHORITY,

)

Petitioner,

)

v.

)

PCB 92—157

(Underground

Storage

Tank

ILLINOIS ENVIRONMENTAL

)

Reimbursement)

PROTECTION AGENCY,

)

)

Respondent.

DISSENTING OPINION

(by J. Theodore Meyer):

I dissent from the majority opinion in this case for the

same reasons set forth in Mr. Nardulli and my dissent in Harlem

Township v.

Illinois Environmental Protection A~encv(October 16,

1992), PCB 92-83.

In short,

I believe that a release from a pump

nozzle is the type of release intended to be included in the

definition of “underground storage tank.”

Therefore,

I would

have allowed reimbursement.

For these reasons,

I dissent.

J.\lTheodo e Meyer

Board Member

I, Dorothy M. Gunn,

Clerk of the Illinois Pollution Control

Board, he eb

certify that the above dissenting opinion was filed

on the

______

day of

________________,

1993.

/

~

Dorothy M.,/~’unn,Clerk

Illinois Po,~lutionControl Board

01.39-0071