ILLINOT:~POLLUTION CONTROL BOARD

~Jecember 20,

1977

WHITE FENCE FARM,

INC.,

)

an Illinois Corporation,

Complainant,

v.

)

PCB 76—283

LAND AND LAKES COMPANY,

)

an Illinois Corporation,

)

and

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondents.

DISSENTING OPINION

(by Mr. Young):

The Motion to Dismiss

for want of jurisdiction should have

been granted and the Complaint dismissed.

I do not believe that a permit granted by the Agency can

be revoked in any proceeding other than in an enforcement

complaint against the permittee under Section 31 of the Act

for violation of the Act,

regulations,

or of the permit or of

any term or condition thereof.

The Act does not authorize any

action before the Board to contest Agency issuance of a permit.

(See Dissenting Opinion,

dated February

2,

1978,

in WIPE v. EPA

and Village of Winnetka, PCB 77-320, ____PCB____

~

~&4J~I~L

~J(~mesL.

Young

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

trol Board, hereby certfy that the ab ye ~issenting

Opinion

was

submitted

to me on the

~

day of

_________________,

1978.

Christan L. Moffe~ ,/4llerk

Illinois Pollution

~trol

Board

28

—

435