ILLINOIS POLLUTiON CONTROL 30RD

May 10,

1990

WILL COUNTY ENVIRONMENTAL

NETWORK

Complainant,

v.

)

P03 89—64

(Enforcement)

GALLAGHER ASPHALT

Respondent.

CONCURRING OPINION

(by

1.

C.

Marlin):

The attachments

to Respondent’s April

30 motion

do

not

specifically

state

that

they

intend

to begin implementing

the

Phase

I program prior

to hearing.

However

that seems

to

be

the

intent.

My vote

for

the hearing

is

based on

the belief that

Gallagher

will

be working

toward comoliance prior

to

the hearing

and

that

the hearing

is geared

to

“fine

tuning”

the plan

rather

than delaying compliance.

The good faith

shown by getting OSHA

to agree

to eliminating the back—up alarm and the replacement of

much of the plant’s machinery also indicates

a willingness

to

solve

the problem.

I,

Dorothy

1.

Gunn, Clerk df

the Illinois Pollution Control

Board,

hereby certify

that

the above Concurring Opinion was

submitted

on

the

/.~TZ~

day of

___________________

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-____

Dorothy

M. ~unn,

Clerk

IllInois Pollution Control

Board

rim

1 11-1 ~7