ILLINOIS POLLUTION CONTROL BOARD
July 13, 1989
McLEAN COUNTY DISPOSAL
)
COMPANY, INC.,
Petitioner,
)
v.
)
PCB 89—108
THE COUNTY OF McLEAN,
)
(Redocketed from
PCB 87—133)
Respondent.
DISSENTING STATEMENT (by Messrs
3.
Dumelle and M. Nardulli):
Our dissenting votes are based upon two reasons.
First, this case is a remand of PCB 87—133. To renumber and
then to require a filing fee seems unfair to the Petitioner. It
is and always has been and ongoing single case.
If the Petitioner does not pay the filing fee and the
majority dismisses it as promised will the Petitioner then obtain
its landfill permit by operation of law after 120—days have
passed?
Second, the majority here has decided that the 120—day time
period has restarted. The Board has had rernands of different
types of cases (i.e. variances and permit appeals) and has, we
believe, not so held that the decision period restarts.
~
Jacob D. Dumelle
~
Michael L.
~
Nardulli
oard Member
Board Member
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Diss tirig Statement was
submitted on the
/f~
day of
____________
~4,
1,
Dorothy M. ~nn, Clerk
Illinois Po~1utionControl Board
101—113