ILLINOIS POLLUTION CONTROL BOARD

September

27,

1990

INDUSTRIAL FUELS

& RESOURCES!

ILLINOIS,

INC.,

Petitioner,

V.

)

PCB 90-53

(SB 172 Siting)

CITY COUNCIL OF THE CITY

OF HARVEY,

Respondent.

DISSENTING OPINION

(by R.C.

Flemal)

I dissent from today’s majority Opinion

in this matter as

regards:

(1) the analysis presented

in support of affirmation of

Respondent’s decision on criterion #1, and

(2) both the analysis

and conclusion reached by the majority regarding Respondent’s

decision on criterion #6.

The majority’s analysis inappropriately limits the authority

of a local review body to consider the merits of the “area

intended to be served”.

A local review body must have authority

to accept or reject

a service area as defined

by the applicant,

or else criterion #1 looses all meaning.

I disagree with the majority’s conclusion regarding

criterion

#6

in that

I cannot find that Respondent’s decision was

against the manifest weight of the evidence.

.L

Board Member

I,

Dorothy N.

Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certify that the above Dissenting Opinion

was filed on the

~

day of

_______________________,

1990.

Dorothy

N. Gunn, Clerk

Illinois Pollution Control Board

11 5—127