ILLINOIS POLLUTION CONTROL BOARD

March

9,

1989

NORTHERN ILLINOIS ANGLERS1

)

ASSOCIATION,

an Illinois

Corporation,

Complainant,

v.

)

PCB 88—183

THE CITY OF KANKAKEE

)

a Municipal Corporation,

)

Respondent.

DISSENTING OPINION

(by J. Theodore Meyer):

I dissent

from the majorityvs decision to deny the City of

Kankakee’s motion for reconsideration.

I agree with Kankakee

that the circuit court,

in its May 26,

1987 consent decree,

retained jurisdiction of alleged violations of the fecal

coliform

effluent limitation.

Provision

(G)

of that consent decree

clearly states that the circuit court retains jurisdiction of the

matter for the purposes of enforcing

the terms

and conditions of

the decree.

As the majority notes, the consent decree also

states that Kankakee shall pay

a $500 fine

for violations of the

fecal coliform standard after January

1,

1988.

I believe that

this language

is clear,

and that the fecal coliform count

of the

complaint should

be dismissed.

For this reason,

I dissent.

3.

Theodore Meyer

Board Member

I,

Dorothy

M.

Gunn, Clerk of the Illinois Pollution Control

Board, here~ycertify

th

t the above Dissenting Opinion was filed

on the

/J’~

day of

_________________,

1989.

Dorothy M.

9qnn, Clerk

Illinois Po1~1utionControl Board

97—127