ILLINOIS POLLUTION CONTROL BOARD
    November 20, 1997
    ENVIRONMENTAL SITE DEVELOPERS,
    INC., an Illinois corporation,
    Complainant,
    v.
    WHITE & BREWER TRUCKING, INC., an
    Illinois corporation,
    Respondent.
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    PCB 96-180
    (Enforcement - Water - Citizens)
    DISSENTING OPINION (by G.T. Girard and J. Theodore Meyer):
    We dissent from the order because we would deny the motion for summary judgment in
    its entirety. On the issue of whether or not Section 12(f) of the Act has been violated by
    respondent, we believe there are still genuine issues of fact to be considered. Therefore, we
    believe it is premature to find respondent in violation of Section 12(f) of the Act.
    J. Theodore Meyer
    G. Tanner Girard
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above dissenting opinion was submitted on the 20th day of November, 1997.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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