ILLINOIS POLLUTION CONTROL BOARD
March 22,1990
THE GRIGOLEIT COMPANY,
Petitioner,
v.
)
PCB 89—184
(Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
CONCURRING OPINION
(by B. Forcade):
I agree with the majority opinion on this issue, but felt it
was important to add that the Board ruled only on discovery
issues. The Board was not asked to address, and did not rule
upon,
the admissibility of any evidence.
Regarding the admissibility of evidence and the standards
for Board decision, the law is clear.
The only issues before the
Board are whether the correct permitting procedures were followed
and whether the application demonstrates that the Environmental
Protection Act and Board regulations will or will not be
violated.
Browning-Ferris Industries v.
EPA, PCB 84-136, May
5,
1988,
aff’d,
179 Ill. App.
3d 598,
534 N.E.
2d 616
(2d Dist.,
1989); ~
-Incjrid 1~Inc.
v.
EPA,
PCB 88-17, January
19,
1989.
Bill
S.~Forcade
Board Member
I,
Dorothy M.
Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Concurring Opinion was filed
on the
~
day of
‘72
~
,
1990.
4
//~/
~/1~
‘~DorothyN. Gunn, Clerk
Illinois Pollution Control Board
I(Y)--5~