ILLINOIS POLLUTION CONTROL BOARD

September 27,

1990

Petitioner,

INDUSTRIAL FUELS

& RESOURCES/

ILLINOIS,

INC.,

an Illinois

Corporation,

V.

CITY COUNCIL OF THE CITY

OF HARVEY,

Respondent.

PCB 90—53

(Siting Review)

DISSENTING OPINION

(by M. Nardulli):

While

I agree with the majority’s position set forth

in the

discussion of criterion 1 that it is the applicant who defines the

service

area

(see,

Metropolitan

Waste

Systems,

Inc.

v.

City

of

Marseilles,

PCB 89—121 Supplemental Opinion

at

4-5

(December

6,

1989),

I

believe

that

sufficient

evidence

was

presented

by

Industrial on each of the statutory criterion and that the City’s

decision denying

site approval

is against the manifest weight of

the evidence.

Therefore,

I dissent from the majority opinion and

order.

I,

Dorothy M.

Gui-in,

Clerk of the Illinois Pollution Control

Board, her~y certify that the above Dissenting Opinion was filed

on the

~

day of

__________________

,

1990.

/

:~

~

//~

~

-~-~

Dorothy M. Gunn,

Clerk

Illinois Pollution Control Board

Board Member

115—129