ILLINOIS POLLUTION CONTROL BOARD
    November 19,
    1992
    JN4ES LYNCH,
    Petitioner,
    v.
    )
    PCB 92—81
    (Underground Storage
    ILLINOIS ENVIRONMENTAL
    )
    Tank Fund)
    PROTECTION AGENCY,
    Respondent.
    DISSENTING OPINION
    (by J.C.
    Marlin)
    I decline to join the majority’s opinion and order in this
    case.
    As stated in
    my
    dissent in Enterprise Leasing Co.
    (PCB 91—
    174, April
    9,
    1992),
    I do not believe that the original statute
    envisioned reimbursement for tank removal
    in a situation where a
    removal was underway when contamination was first discovered.
    In
    this instance the tank removal was not part of “corrective
    action”.
    Such items as removal of contaminated soil
    is
    reimbursable as part of a cleanup.
    I believe the original
    statute envisioned reimbursement for tank removal when
    it was a
    part of a cleanup.
    The new statutory language makes that point
    clear.
    A similar situation existed in Galesburg.
    ,//
    J•
    C. Marlin
    I,
    Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Dissenting Opinion was
    submitted
    on the
    ~
    day of
    77~—~
    ,
    1992.
    ~
    ~.
    /~2&~)
    Dorothy M. ,~inn, Clerk
    Illinois P6llution Control Board
    0137017

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