ILLINOIS POLLUTION CONTROL BOARD

February

8,

1990

IN THE MATTER OF:

JOINT PETITION OF THE VILLAGE OF

)

 PCB 85—212

MORTON

AND

THE ILLINOIS ENVIRONMENTAL

)

 (CSO Exception)

PROTECTION AGENCY FOR EXCEPTION TO THE

COMBINED SEWER OVERFLOW REGULATIONS

CONCURRING OPINION

 (by J.D.

 Dumelle):

Once again,

 I concur

 in this matter because

 the public had

no knowledge of

 this motion and thus had no opportunity at all

to

comment.

 I had previously concurred on May

5,

 1988 and on

February

2,

1989

 in similar Board actions.

The unique feature of

 the Illinois Environmental Protection

Act

 is its many provisions

 for public participation and

comment.

 This motion should have been docketed as

 a “Variance

from a Board Order.”

 Had that been done,

 then the public would

have known of this proceeding

 by means of the required newspaper

legal notice and the Board’s listing

 in its own bi-weekly

Environmental Register.

On what

 is before us the deadline extension

 seems

justified.

 But the public oversight process has been neglected

here for the third

 time.

 And the record might

 have

 been better

developed if the public had been allowed into the process.

I, Dorothy

 M. Gunn, Clerk of

 the Illinois Pollution Control

Board,

 hereby certify

 that the above Concurring Opinion was

submitted on the~t7~~~day of

______________________

 1989.

“I

/

,:/

 ~///~

/~~“1L~

Dorothy

M.

 Gunn, Clerk

Illinois Pollution Control Board

1OS—fl5