ILLINOIS POLLUTION CONTROL BOARD

August 13,

1992

GALESBURG COTTAGE HOSPITAL,

)

Petitioner,

v.

)

PCB 92-62

)

(Underground Storage

ILLINOIS ENVIRONMENTAL

)

Tank Reimbursement)

PROTECTION AGENCY,

)

)

Respondent.

CONCURRING OPINION

(by R.C.

Flemal and B.

Forcade):

We concur with the outcome

in this matter.

However, we

dissent from that portion of the majority’s opinion,

found

in the

paragraph immediately preceding the Conclusion, that restricts

the Board’s ability to find an applicant ineligible for

reimbursement.

Our position on the latter matter has been

expressed

in our dissenting opinions filed in Clinton County Oil

Co.,

Inc.

et al.

v.

IEPA

(March 24,

1992),

PCB 91—163,

and

Burwell Oil Service,

Inc.

v.

IEPA (July

9,

1992),

PCB 92—42.

If successful, the Agency’s argument regarding petitioner’s

alleged failure to timely notify ESDA would have warranted a

dissent on the outcome on the basis that petitioner was

ineligible for

~

reimbursement.

However, the stipulation,

which both parties signed,

asserts that a timely notification was

made:

on September 20,

1990,

it was discovered that

...

a

release

...

had occurred.

That release led to

notification of the Emergency Services and Disaster

Agency on that same date

...

(Stip.

at

5;

emphasis

added)

Only now

in its brief does the Agency contend that the

notification

~y

not have been timely.

This is insufficient

basis for us to be persuaded of the correctness of the Agency’s

new

position.

Board Member

Board Member

0135-0327

---

2

I,

Dorothy N. Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certify that the above co~curringopinion was

submitted

on the

/~3Zl day of

____________________,

1992.

~

~.

Dorothy M./~unn,Clerk

Illinois ~llution

Control Board