ILLINOIS POLLUTION CONTROL

September 1,

1977

WINNETKANS

INTERESTED

IN PROTECTING

)

THE

ENVIRONMENT

(WIPE),

)

Complainant,

V.

VILLAGE OF

WINNETKA,

)

Respondent.

CONCURRING

OPINION

(by Mr. Dumelle):

While

I

agree with the essence of the decision in this

cause,

I do not agree with the dismissal

of

Cour~tIi on the

narrow legal

grounds

that ownership of

Boiler

No~. 7 was not

stipulated.

Boiler

No,

7

has

been

before

this

Board

in other proceedings

and the

Board

could have taken note of

those

prior proceedinqs~

Boiler No.

7

has

had

testimony generated

about

it in this pro~

ceeding and

no

one

has stated that the

Village

of hhinnetka did

not own

it.

Finally,

if

Boiler No.

8

(the ~mainissue

in this cause)

is in fact owned by the Village,

is it not

logical that BoIler

No.

7 in the

same

power plant is also owned

by the Village?

I,

Christan

L,

Moffett, Clerk of the

Illinois

Pollution

Control Board

hereby

certify the abov

Concurring

Opinion

was

submitted on

the

~

day of

1977.

~anL~o~

Illinois

Pollut.

~Control Board

1?

~

~6-~4O~

•