ILL

tNOIS

POLLUTION

CONTROL

BOARD

December 15,

1983

BROWNING-FERRIS INDUSTRIES,

INC.

OF

IOWA,

Petitioner,

v.

)

PCB 83—85 and

PCB

83—88

through

ELLINOIS ENVIRONMENTAL

)

~

83—96

PROTECTION AGENCY,

Respondent.

CONCURRING OPINION

(by J.

D.

Dumelic):

My reason

foc concurring

is that the language of the

Board Opinion is too sweeping.

On

p.5

the sentence appears,

“The

Board

finds that the Agency denial of supplemental permit

was correct

as the record does not indicate that an SB

172

local approval process had at an~

time

occurred”

(emphasis

added).

This sentence can be easily read to refer

to site approval

uf

the development permit issued August

28,

1981.

In fairness

to Browning—Ferris Industries this was

riot

an issue in these

instant cases.

The record is silent but for good reason.

I would have preferred

to e~licitly state that the record

in this case is insufficient to establish with certainty that

th~rewas no local

government approval of~ the

development

permit.

,~R~spectfully

subm)~tted,

‘k’~

~“

~

jr~:1~

~

~.Tacoh0.

Dumelle

Chairman

I,

Christan L.

Moffett, Clerk of the Illinois Pollution

Control Board,

do hereby certify that the ahpve Coi~curr.ing

Opinion was filed on the

~3~day

of

~

1983.

~

Moff~.tT7~i~k

Illinois Poliutiot ~ntrol

Board

55~-241