ILLINOIS POLLUTION CONTROL BOARD
    February
    8,
    1990
    COUNTY OF DUPAGE,
    )
    Complainant,
    )
    AC 88-76
    AC 88—77
    v.
    )
    (Docket
    B)
    E
    & E HAULING,
    INC.
    )
    (Mallard Lake Landfill),
    )
    (No.
    88 CD 279)
    Respondent.
    CONCURRING OPINION
    (by J. Theodore Meyer):
    I agree with the outcome reached by the majority in this case,
    that the County
    of
    DuPage can recover
    its hearing costs
    in
    this
    matter.
    As
    I earlier
    stated
    in dissent
    in this case,
    I believe
    that
    the
    hearing
    costs
    recovered
    should
    include
    all
    costs
    of
    hearing,
    and thus
    I would
    hold that
    attorney’s
    fees
    are
    indeed
    “hearing
    costs”.
    However,
    after
    the Appellate
    Court’s
    recent
    decision
    in
    Modine
    Manufacturing
    Company
    v.
    Pollution
    Control
    Board, No.
    2-89-0441,
    I am convinced that it is better to recover
    some costs than none at all.
    Therefore,
    I concur.
    •
    ______
    J.ITheodore Meyer
    Board Member
    I,
    Dorothy
    M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that
    the
    above Concurring Opinion was filed
    on the
    9
    ~-
    day of
    ________________,
    1990.
    /~/),
    ~
    Dorothy
    M.
    Gunn,
    Clerk
    Illinois Pollution Control Board
    IflS—73

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