ILLINOIS POLLUTION CONTROL BOARD

December

4,

1980

ENVIRONMENTAL PROTECTION AGENCY,

)

Complainant,

v.

)

PCB 78—50

NORTH SHORE SANITARY DISTRICT,

Respondent.

Dissenting Statement

(by J. Anderson):

Since the Agency~sMotion to Dismiss was made after hearings

had commenced, and since the Agency stated that

it did “not believe

it

(could

sustain

a prima facie case,”

I disagree with the Board’s

decision to dismiss this case without prejudice.

In fairness to

the Respondent, the motion should either have been decided with

the case as a whole,

or granted with prejudice

(i.e. without leave

to refile).

~anG.~nerson

I, Christan L. Moffett, Clerk of the Illinois Pollution Control

Board, hereby certify th

the

above Dissenting Statement was filed

on the

~S~”’

day of

________________,

1980.

rY) ~JJ

Christan L. Moff~è

Clerk

Illinois Pollutio

ontrol Board

40—7