ILLINOIS POLLUTION CONTROL BOARD

March 22,

1990

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Complainant,

AC 88—90

v.

)

(Administrative Citation)

(IEPA No. 9212-AC)

JAMES ESAREY,

)

Respondent.

DISSENTING OPINION

(by J. Theodore Meyer):

I

dissent

from

the majority’s

order

granting

the

Illinois

Environmental Protection Agency’s

(Agency) motion to withdraw its

complaint.

This case was ready for decision——a hearing has been

held, and both parties have filed briefs.

At this late stage, the

Agency has moved to dismiss the complaint.

Section

42(b)

of the

Environmental Protection Act requires any person who

is found

to

have violated Section 21(p)

or(q) to pay any hearing costs incurred

by

the

Board

and the

Agency.

These

hearing

costs

have

been

incurred;

because

the

proceeding

has

been

dismissed

upon

the

Agency’s motion, Illinois will not have any opportunity to recover

those costs.

Therefore,

I dissent.

J. (jrheodore Ney’er

Board Member

I,

Dorothy M.

Gunn,

hereby certify that the above Dissenting

Opinion was filed on the

~

day of

~77~

~

,

1990.

Dorothy

M. Gunn,

Clerk

Illinois Pollution Control Board

lO9-~575