ILLINOIS POLLUTION CONTROL BOARD

November 10, 1977

C. A. HEMPHILL & ASSOCIATES,

Petitioner,

V.

)

PCB 77-~2O4

ILLINOIS ENVIRONMENTAL PROTECTION )

AGENCy,

ResDondent.

CONCURRING OPINION (by Mr. Young):

I concur in the action of the Board in dismissing the

permit denial appeal but for a different reason.

Section 40 of the Environmental Protection Act prov.aes,

in part, that “If the Agency refuses to grant a permit under

Section 39 of this Act, the ~pp1icant may petition for

a

hearing before the Board to contest the decision of the

Agency.” (Emphasis added.) The Village of Lake Bluff was

the applicant for the permit denied under the facts here’.

C. A. Hemphill & Associates is not the proper party under

the statute to bring the action and their petition should

have been dismissed for that reason alone.

(~amesI

~

L.

~Youn~A ~

v’.

U

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the above Concurrin Opinion

was submitted to me on the /7~’ day of I)

,

1977.

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