CONTROL BOARD
1988
MCINTOSH LTD,
-
HOLDING
INC.,
and
TURNBERRY UTILITIES,
INC.,
V.
Petitioners,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent~
DISSENTING STATEMENT (BY
J.D,. Dumelle):
PCB 88—81
PCB 88—88
(Consolidated)
My reason for dissenting
lies
in the failure of
the majority
to await the transcript
of the July 22, 1988 public hearing.
While
the Hearing Officer has told the Board that no members
of
the public were present
it is possible that the parties had
made significant statements on the record.
I would have asked
for expedited delivery of the transcript and,
if
necessary,
scheduled
a special Board meeting
to consider the case.
To hold a hearing and
to then decide the case without
receiving the transcript
is a dangerous precedent.
Why have
the
hearing
at all?
,~
Dorothy
M. 5~unn,Clerk
Illinois P~llutionControl Board
ILLINOIS POLLUTION
August
4,
)
)
)
)
)
)
)
)
)
)
)
)
)
Lastly, Turnberry Utilities,
Inc.’s allegation that
immediate resolution was needed
to
“continue providing existing
customers at
the Turnberry Development with drinking water
...“
is incorrect.
The Board has always held that lack
of a variance
is not equivalent
to
a shutdown order.
-
~
J cob D.
Dumelle
airman
I,
Dorothy M.
Gunn,
C
rk
of the Illinois Pollution Control
Board,
hereby certify that the above Dissenting Statement was
submitted on the
“~
day of
~-7~-.~-.~_,---i-
,
1988.
91—157