ILLINOIS
    POLLUTION CONTROL BOARD
    February
    15,
    1996
    ESG WATTS, NC.,
    an Iowa corporation,
    Petitioner,
    V.
    ILLiNOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    )
    PCB 94-243
    )
    94-306
    )
    94-307
    )
    94-308
    )
    94-309
    )
    95-133
    )
    95-134
    )
    (Permit Appeals
    -
    Land)
    )
    (Consolidated)
    )
    DISSENTING OPINION (by J.
    TheodoreMeyer and J. Yi):
    We respectftzlly dissent from the majorityorder today as the result ofour frustration with
    the continuing tardiness ofthe filings from the Illinois Environmental Protection Agency
    (Agency).
    While we agree that theexclusion oftheAgency’s Post Hearing
    Brief
    is not theproper
    vehicle for sanctioning the Agency in this case, webelieve
    that
    in the ibture such sanction may be
    appropriate.
    We also understand the demandsthat the Agency has on thefew resources at its
    disposal and it is reasonable for the Board to expect late filings in a few instances.
    However,
    in
    this case where the Agency agreedto the briefing schedule, there is no excuse for such late filing
    except for the possible under-staffing at the Agency.
    While
    we are not saying that being under-
    staffed is an acceptable reason fora late filing it is a reason that this Board can understand and
    appreciate.
    The assigned Agency Attorney in this matter stated that sincethe Agency received the
    Post
    Hearing Brieffrom ESGWatts Tnc., on January
    12,
    1996 and the filing ofthe Agency’s Post
    Hearing
    Brief,
    he worked the following hours:’
    hours workedare
    not
    actual
    hours but calculated pursuant to
    the Agency’s
    Friday,
    January
    12,
    1996
    15 houn
    Saturday,
    January
    13,
    1996
    4
    hours
    Sunday,
    January
    14,
    1996
    8 hours
    Monday,
    January
    15,
    1996
    17.5
    hours
    Tuesday,
    January
    16,
    1996
    17 hours
    Wednesday,
    January
    17,
    1996
    17 hours
    Thursday,
    January
    18,
    1996
    20.5 hours
    Friday,
    January
    19,
    1996
    19.5 hours
    Sunday,
    January 21,
    1996
    5 hours
    Monday,
    January 22,
    1996
    10.5 hours
    Tuesday,
    January 23,
    1996
    14 hours
    Wednesday,
    January 24,
    1996
    18 hours
    ‘We
    assume that
    the
    calculation
    ofthe
    time sheets.
    2
    The Agency Attorney has also filed appearances,
    as a respondent, in twenty-six (26) other matters
    before theBoard.
    If the Agency is under-staffed, or if
    this
    one attorney is over utilized, it should
    seek additional attorneys in order to insure timely filing before theBoard.
    The failure to address
    this resource problem creates theunnecessary risk that we may be faced with a situation of
    deciding matters without thebenefit ofthe Agency’s arguments.
    Additionally, we would like to
    note that the Agency could ofrequested for additional time to file its PostHearing Briefprior to
    the filing due date and possibly avoided this situation.
    The Agency should consider this approach
    in the future.
    Forthe reasons stated above we respectfully dissent.
    ii
    Theodore Meyer
    Jose?~!i_
    I
    Board Member
    Boa -d Member
    I, Dorothy M. Ciunn, Clerk ofthe Illinois Pollution Co
    trolBoard, hereby certit~’
    that the above
    dissenting opinion was filed on the
    ióP’
    day of
    199~.
    (I
    -,
    PLPC4~Jk.
    Dorothy M. 9G?n. Clerk
    Illinois PolluQ~h
    Control Board
    Thursday,
    January
    25,
    1996
    18.5
    hours
    Friday,
    January 26,
    1996
    23.5
    hours
    Saturday,
    January 27,
    1996
    16 hours
    Sunday,
    January 28, 1996
    16 hours
    Monday,
    January 29,
    1996
    22 hours
    Tuesday,
    January 30, 1996
    20 hours
    Wednesday,
    January
    31, 1996
    24 hours
    Thursday,
    February
    1,
    1996
    24 hours
    Friday,
    Fehniary
    2,
    1996
    1 S. 5 hours
    Saturday,
    February 3,
    1996
    14.5 hours
    Sunday,
    February
    4,
    1996
    12.5 hours
    Monday,
    February 5,
    1996
    17.5 hours

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