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