ILLINOIS POLLUTION CONTROL

BOARD

June

7,

1990

CITY OF

OGLESBY,

)

Petitioner,

v.

)

PCB 86—3

(CSO Exception)

ILLINOIS ENVIRONNENTAL

PROTECTION AGENCY,

)

Respondent.

DISSENTING OPINION

(by J. Theodore Meyer):

I

dissent

from the

order

adopted by

the majority

in

this

proceeding.

I agree that the Board should relinquish jurisdiction

and close the docket

in this matter, but I object to the sentence

which advises Oglesby that

it

may file a motion for reconsideration

pursuant to the Board’s procedural

rules.

My

objection has two

bases.

First, the Board should not be practicing law for a party

which

appears

before

it.

That

is exactly what the majority

is

doing by specifically pointing to the possibility of a motion for

reconsideration.

Second,

the majority at least

implies that it

would

consider

an

amended

petition

for permanent

exception

if

Oglesby

would

now

choose

to

file

one,

with

a

motion

for

reconsideration.

Oglesby’s amended petition was due on March

1,

1990,

and

Oglesby

has been

aware

of

that

date

since

at

least

February

5,

1987.

Absent exceptional

circunstances,

I would be

extremely reluctant to consider an amended petition at this late

date.

For these reasons,

I dissent.

~

Theodore Meyer

~bard Member

I,

Dorothy N.

Gunn,

Clerk of the Illinois Pollution Control

Board,

hereby certify that the above Dissenting Opinion was filed

on the

~

day of

_______________,

1990.

~.

)2~.

Dorothy M./Vunn, Clerk

Illinois Pollution Control Board

112—05