ILLINOIS POLLUTION CONTROL BOARD

March

9,

1972

In the Matter of

R

72—1

TRANSCRIPTS

Dissenting opinion of Mr.

Aldrich:

I disagree with

the majority opinion that during the financial

emergency of the Board respondents

in enforcement cases should be

forced to pay for

the transcript of the hearings.

I feel that it

would have been preferable

to have

a temporary moriatorium on hearings

until

the legislature acts upon our deficiency appropriation request.

Hopefully the delay would have been of short duration.

If not,

the

responsibility would have rested with the legislature

rather than

the Board.

The ultimate disposition of cases would ~~resumably be

the

same whether handled on an immediate or delayed basis.

The

possible loss to

the environmental cause would be in

cases

where

the

Board issued a cease and desist order or ordered an accelerated

pollution abatement schedule.

I would have risked these possible

undesirable effects

for

a few weeks rather than to force respondents

to carry the burden not only of defendinq themselves but also of

paying for

the hearing record

in enforcement cases.

(

-~

(

i~

t/~~

Samuel

R. Aldrich

Board Member

I,

Christan L.

Moffett, Clerk of

the Illinois Pollution Control

Board, certify the above Dissinting Opinion was filed on the

~

day of/1).~~X1972.

~/~L/~

~

Christan L. Moffett,’~1~e’rk

Illinois Pollution

Cthitrol Board

3