ILLINOIS

POLLUTION

CONTROL

BOARD

September

13,

1990

CITY

OF

OGLESBY,

Petitioner,

v.

)

PCB

86-3

(CSO

Exception)

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY,

Respondent.

DISSENTING

OPINION

(by

J. Theodore Meyer):

I

dissent

from

the

order

adopted

by

the

majority

in

this

proceeding.

On

June

7,

1990,

this

Board

closed

the

docket

in

this

case, because Oglesby did not file

an

amended

petition

by

March

1,

1990.

Although

I

agreed

that

the

docket

should

be

closed,

I

dissented

from that

order

because

I believed

that

the majority

order should not have

included

a sentence which pointed out that

Oglesby could file a motion for reconsideration.

The Board should

not

be

practicing

law

for

a

party

which

appears

before

it

represented by counsel.

That

is exactly what the majority order

issued

today

does:

it

orders Oglesby

to

file

a

reply

and

to

address five issues which the Agency questioned

in its response.

In essence, the majority

is now giving Oglesby a second chance to

properly support its assertions, when I believe that Oglesby should

have supported

its assertions when

it first filed

its motion for

reconsideration

and

its

amended

petition.

I

believe

that

the

majority’s

action

is

wrong,

and

that

the

Board

should

make

a

decision based upon the pleadings before us.

For these reasons,

I dissent.

J .~Theodorel Meyer

Board Member

I,

Dorothy

M.

Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certify that, the above Dissenting Opinion was filed

on the

~

day of

21-

~T

~

,

1990.

1-

I

/

,

—

—

-~

Dorothy

M.

.Gunn,

Clerk

Illinois Pollution Control Board

115-03