ILLINOIS POLLUTION CONTROL• BOARD

August

22,

1991

PEOPLE OF THE STATE

)

OF ILLINOIS,

)

Complainant,

)

v.

)

PCB 89—157 (B)

(Enforcement)

CYYBOURN METAL FINISHING CO.,

)

Respondent.

DIFSENTING OPINION

(by J. Anderson):

I continue to dissent on the imposition of costs and fees for

the reasons expressed in my dissent of July 11,

1991. in Docket A

of this matter.

Further,

in the event of an appeal of costs imposed,

on what

basis will we make a determination, particularly in the absence of

any procedural regulations or even an articulation in Docket A of

what we believe is acceptable?

The

approach

taken

by

the

Board

in this

whole

area

runs

counter to the Board’s usual, and I believe commendable, practice

of giving forewarning before taking actions that affect others as

significantly as is the case here.

It is for these reasons that

I respectfully dissent.

~

/~roanG. Anderson

Board Member

I,

Dorothy N.

Gunn,

Clerk of the Illinois Pollution Control

Board,

hereby

certify

that

the,~above Dissenting

Opinion

was

submitted on the

~“-~

day of

~

~-~7

,

1991.

~

Dorothy M~jGunn,Clerk

Illinois ~llution

Control Board

125—309