ILLINOIS POLLUTION CONTROL BOARD
    December 18, 2003
     
    ILLINOIS AYERS OIL COMPANY,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-214
    (UST Appeal)
     
    DISSENTING OPINION (by T.E. Johnson):
     
     
    I respectfully dissent from the majority opinion. Upon review of the December 2, 2003
    hearing officer order and the agreements set forth by the parties, I would overrule the
    December 2, 2003 Hearing Officer Order and grant petitioner’s motion to compel discovery.
    Based upon the Board’s procedural rules, specifically, 35 Ill. Adm. Code 101.616(a), I believe
    the information requested to be relevant or calculated to lead to relevant information, and
    therefore, properly discoverable.
     
     
    For the above-stated reason, I respectfully dissent.
     
     
    Thomas
    E.
    Johnson
     
      
      
      
      
      
    Board Member
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the above
    dissenting opinion was submitted on December 22, 2003.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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