ILLINOIS POLLUTION CONTROL BOARD
January 9, 1992
GALLATIN NATIONAL COMPANY
)
Petitioner,
v.
)
PCB 91—156
)
(Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
DISSENTING OPINION (by N. Nardulli):
I do not disagree with the majority’s interpretation of 35
Ill. Adm. Code 811.320 or decision entering summary judgment in
favor of petitioner. However, I believe that Gallatin might have
been entitled to summary judgment based upon the Agency’s failure
to comply with the Board’s directive to issue its “decision on the
permit modification
...
no later than 21 days after permit
modification is filed.”
ichael L.
?
Nardulli
Board Member
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Contr2l,
Board, he~e)ycertify that the above dissent was filed on the /‘~-~1’~
day of
~
,
1992.
/2
j
~.
1)-).
/
Dorothy N. Gin, Clerk
Illinois Po~lution Control Board
129—4 7