ILLINOIS POLLUTION CONTROL BOARD
October 10, 1991
JOSEPH B. STRATTON, and
PANELA
J.
STRATTON,
)
Complainants,
PCB 90—108
v.
)
(Enforcement)
CHARLES
M. ROCK, and
)
LITTLE
CAESAR’S
PIZZA,
)
)
Respondent.
DISSENTING OPINION
(by J.D. Dumelle):
The
majority
has
reopened
this
case
without
citing
a
procedural rule existing allowing such an action.
The Board Order
and Opinion of May 9,
1991 was intended to be a final order in that
case.
To
reopen
a
final
order
absent
a
rule
on
point
or
a
construction of rule imperils all Board
final orders.
The Board
itself has fought successfully attempts to appeal interim orders
arguing that final orders are the only ones subject to appeal.
Yet here
a
final
order
is thrown aside
without
any
legal
reasoning whatsoever.
I
would have construed
the. complainants’
August
26,
1991 letter as
a motion subsequent to entry
of final
order
(Section 103.240) and waived the late filing date.
ç~~7
J cob D.
Dumelle,
P.E.
oard
Nember
I,
Dorothy
N.
Gunn,
Clerk
of
the
Illinois
Pollution
Control
Board
hereby
certify
that
the
abov~—7Dissenting
Opinion
was
submitted on the
/~~‘(~
day of _______________________,
1991.
/
~7
Dorothy M.4~unn,Clerk
Illinois I~llutionControl Board
126—427