It1LINOIS POLLUTION CONTROL
    BOARD
    April 2, 1984
    INDUSTRIAL SALVAGE, INC.,
    )
    )
    Petitioner,
    v.
    )
    PCB 83—173
    COUNTY BOARD OF
    MARION
    )
    )
    Respondent.
    DISSF~NTING
    OPINION ‘by
    J. 0. Dumelle).
    My reason for dissenting on the vote to deny the Motion to
    Vacate
    the Order lies in
    the last sentence in the second paragraph
    of the i~iajority ord~r.
    It reads, “Since Marion did not provide an opportunity to
    cross—examine by
    the attorneys (and perhaps by the public)
    this matter must he remanded.”
    State’s Attorney Iiatoush’s motion filed March 26 states
    in
    Paragraph No. 3 that legal counsel for all parties had no
    objection to the procedural aspects of the September 13, 1983
    hearing at the County level and so stated at the Pollution
    Control Board hearing on February 2, 1984. Mr. Matoush does
    not give a record citation but he may be referring to p. 32
    of the Feb. 2, 1984 transcript.
    I feel that the above statement clears the air on the issue
    of
    the attorneys not cross-examining witnesses. They evidently
    chose not to cross-examine and did not object to that procedure.
    They have a right to do this.
    The situation
    in
    regard to the public’s right to cross—
    examine is less clear. At no point can I find a statement that
    they could or could not cross-examine. The record is silent.
    But, given the hotly contested nature
    of
    the proceeding, I feel
    that someone would have objected (if in fact they were denied
    cross-examination rights) or would have tried to
    ask
    a question.
    For these reasons, I 3issent.
    Respectful .y submitted,
    ,~ (~• ci\
    5ãcob D.
    Dumefle, Chai
    57-349
    2
    I, Christan L, Moffett, Clerk of the Illinois Pollution
    Control Board, here~y certify that
    the above Dissenting Opinion
    was filed on the
    ___________
    day of
    ________________,
    1984.
    Christan L. Moffdtkj(Jflerk
    In
    ~
    Illinois Pollution Control Board
    .
    57-350

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