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

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