ILLINOIS POLLUTION CONTROL BOARD
    May 7,
    1992
    ROCKFORD PRODUCTS CORPORATION,)
    )
    Petitioner,
    PCB 91—31
    v.
    )
    (Permit Appeal)
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    CONCURRING OPINION (by B. Forcade):
    I respectfully concur with the majority to express my
    frustration with the position the parties stated in the motion to
    reconsider.
    This proceeding was filed on February 20, 1991.
    On
    April
    9,
    1992, over one year later, the record contained no
    filings by the petitioner except continued waivers of the Board’s
    decision deadline.
    The record did contain two separate orders
    from the hearing officer setting this matter for hearing on
    September 5,
    1991 and December 1, 1991. With this background,
    on
    April 9,
    1992,
    the Board ordered this matter set for hearing or
    it would be subject to dismissal for want of prosecution.
    The motion for reconsideration says,
    in essence
    —
    how dare you
    force our case to hearing
    I
    The reconsideration motion states
    that the Board action “was improper” because it was not made in
    writing or orally at hearing.
    The parties further argue that the
    parties were not served or given
    7 days notice of the action.
    They assert notice and opportunity for response were totally
    lacking in this case.
    The parties appear to be arguing for due
    process.
    There is a substantial difference between “due process”
    (the
    right to be heard”) and “overdue process”
    (the right to avoid
    being heard”).
    After languishing for over one year with no
    action on the record, this case is clearly in the latter
    category.
    I can reluctantly support this one last extension.
    However,
    I urge the parties either to settle this case promptly
    or litigate it promptly.
    Bill
    .
    orcade
    Board Member
    133—23 1
    2
    I, Dorothy H. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above concurring opinion was filed
    on the
    $~
    day of
    ___________________,
    1992.
    /
    ~Dorothy M. ~(inn,Clerk
    Illinois Poflution Control Board
    133— 2~3
    2

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