ILLINOIS POLLUTION CONTROL BOARD
December 17, 1987
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Complainant,
v.
)
PCB 78—139
VICKERY MANOR SERVICE
)
CORPORATION and NORTH HILLS
)
MUTUAL SEWER ASSOCIATION,
)
Respondents.
DISSENTING OPINION (by J. Anderson):
I agree that the Board should consider dismissing this
case. However, I disagree with the Board majority’s dismissal
action today, essentially on its own motion, and without an
explanatory opinion. I believe the Board should instead have
first issued an interim order stating its intent to do so and
why, and giving the Agency an opportunity to respond by a date
certain.
The instant motion before the Board did not request
dismissal of the case; indeed, since North Hills Mutual Sewer
Association (North Hills) was requesting dismissal as a party, it
was hardly in a position to request dismissal of the case against
the Vickery Manor Service Corporation (Vickery Manor), a party
the movant did not represent.
The Agency had no notification of the Board’s intent to make
a final determination listed on the agenda, and no reason to
expect the Board to reach out beyond the pending motion of North
Hills. The Agency’s lack of response on the pending motion could
be construed only as a lack of Agency objection to going back to
“square one”, i.e., the situation as it existed prior to the
voluntary substitution of North Hills for Vickery Manor as the
respondent pursuant to the settlement agreement.
I believe the Board majority’s action, taken without warning
and without explanation, was not proper. Section 33(a) of the
Act mandates that in all its final determinations the Board shall
“file and publish a written opinion stating the facts and reasons
leading to its decision..” That is the very least the Board
should have done.
For these reasons, I dissent.
84—561
—2—
~oan G. Anderson
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Dissenting Opinion was
submitted on the
/1~
day of
~L_i_,jg_i~
,
1987.
Do
I 11 i no P0
Control Board
84—562