ILLINOIS POLLUTION CONTROL BOARD
July
10,
1980
CATERPILLAR TRACTOR COMPANY,
)
Petitioner,
v.
)
PCB 80—3
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Respondent.
DISSENTING OPINION
(by
I.
Goodman):
The majority of the Board today reconsidered its Order
herein of
Ma~’
1,
1980 and, receiving no response from the
Illinois Environmental Protection Agency concerning Petitioner’s
motion for reconsideration of that Order, granted limited relief
as requested in the motion for reconsideration.
Although
I do
not agree that the Board should grant even limited relief based
upon the fact that the Agency did not respond to the motion,
it
is the dicta contained in the first paragraph of today’s Order
which forces this dissent.
The Board today withdrew the Order of May
1,
1980,
stating
“...
that its previous Order may be in conflict with its Opinion
and Order of May
1,
1980 in Peabody Coal Company v.
EPA,
PCB
78-296”.
It is m~opinion that the problem presented by the
Caterpillar petition cannot fit into the neat cubby holes as
dictated by Peabody.
It is clear
to me that the carefully
defined rule of Peabody is unable to subsume the wide-ranging
problems the Board must face
in future NPDES permit
condition appeals.
I urge the Board to develop a more flexible
attitude toward such appeals
in deciding
future petitions.
I must therefore respectfully dissen
oday’s Order
herein.
I, Christan L.
Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify ~hat the above Dissenting Opinion
was submitted to me on the
J’~!
~ day of
______________,
1980.
~
Illinois Pollution
ontrol Board