ILLINOIS POLLUTION CONTROL BOARD
September 18,
1980
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
v.
)
PCB 79—18
UNITED STATES POSTAL SERVICE,
)
(Jefferson Park Post Office),
)
Respondent.
DISSENTING OPINION (by J.
Anderson):
I dissent from the Board’s dismissal of this action, for the
reasons stated here and
in my dissenting opinion in EPA and People
of the State of Illinois v. Amoco Oil Co., PCB 78—54, August 21,
1980.
No hearing has been held in this case.
However, on July 11,
1979,
the EPA moved to stay the scheduled hearing indefinitely.
The supporting statements to the Motion to Stay included:
“...negotiations regarding solutions to the alleged violations...”
were undertaken
(Par.
2); “Respondent has expressed intention of
complying with Illinois State noise regulations and the Illinois
Environmental Protection Act”
(Par.
3);
“Since the negotiations
between parties,
Respondent has submitted status reports
as to
progress...”
(Par.
4); “...construction has been proposed to reduce
noise levels
...“
(Par.
5);
and “...since subsequent noise levels
cannot definitely be predicted, adequate resolution of the cause
cannot be had by any definite time”
(Par.
6).
On July 26,
1979,
the Board granted a stay until July 1,
1980.
It appears that a settlement or compromise may have taken
place.
Therefore,
I believe that prior
to ruling upon the Motion
for Dismissal,
the Board should have directed that a public hearing
be held,
in conformity with the public hearing requirements of Rule
331 of the Procedural Rules, which contemplates that any settlement
or compromise be presented at a public hearing.
7
Joan G. Anderson
I, Christan
L.
Moffett, Clerk Of the Illinois Pollution Control
Board hereby certify that the above Dissenting Opinion was submitted
on the
_____
day of
~
1980.
Chris
Illinois Pollution Control Board
