ILLINOIS POLLUTION CONTROL BOARD
    November
    8,
    1990
    DEPARTMENT OF THE
    ARMY,
    )
    Petitioner,
    PCB 87—38
    v.
    )
    (Variance)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Respondent.
    DISSENTING OPINION
    (by J.D.
    Dumelle):
    The Board’s original Order and Opinion
    in this case was
    entered September
    17,
    1987.
    Now
    3 years and almost
    2 months
    later
    a request is before us
    in this “old and cold” case to
    reopen
    it and change an internal date.
    When are cases ever closed before this Board?
    The answer
    apparently is “Never”.
    How
    is the public
    to know of
    this change?
    No legal notice
    was given and thus the public could not respond.
    In addition,
    the IEPA points out that by this Board’s treatment of this
    request as
    a motion that it had only
    7 days
    in which to reply
    in
    a matter of great complexity.
    IEPA had serious doubts on the
    merits but inadequate time to formulate them.
    In past years a matter such as
    this would have been docketed
    as
    a “Variance from a Board Order”.
    The present Board has never
    used this procedure which
    is ideal
    for
    these circumstances.
    “Old and cold”
    cases should be left in that state.
    New
    variance proceedings should be required so that the public may
    participate as intended by the Environmental Protection Act.
    ~
    -
    t
    “ Jacob
    D.
    Dumelle,
    P.E.
    Board Member
    I,
    Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board hereby certify that the above Disse~~1tingOpinion was
    submitted on the
    /5ZI~~~
    day of
    ~
    ,
    1990.
    Dorothy M.
    Guirn,
    Clerk
    Illinois Pollution Control Board
    116—03

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