ILLINOIS POLLUTION CONTROL BOARD
April 9, 1992
ENTERPRISE LEASING CO.,
)
Petitioner,
V.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Responctent.
DISSENTING OPINION (by J.C. Marlin)
)
)
)
)
)
)
)
)
PCB 91—174
(Underground Storage Tank
Fund Reimbursement
Determination)
I decline to join the majority’s opinion and order in this
case. I do not believe the petitioner, having decided to remove
the tank, becomes eligible to receive reimbursement from the fund
for the cost of tank removal, because contamination is later
found. The petitioner’s costs of tank renioval are not
“corrective action” costs in that instance.
___
J. C. Mar~1in
I, DorothyM. Gunn, Clerk of th~Illinois Pollution Control
Board, hereby certify that the above Dissenting Opinion was
submitted on the ~
day of
__________________,
1992.
Ill
Clerk
~llutión Control Board
13 2—87