ILLINOIS POLLUTION CONTROL

BOARD

August 30,

1990

WESTERN ILLINOIS POWER

)

COOPERATIVE,

INC.

(n/k/a

)

Soyland Power Cooperative,

Inc.),

)

Petitioner,

v.

)

PCB 85—164

(Permit Appeal)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

Respondent.

DISSENTING OPINION

(by B.

Forcade):

I

respectfully dissent.

I would have dismissed for want of

prosecution.

This matter

is five years old.

This case

is cited

by the Illinois Environmental Protection Agency as an example of

an applicant being able

to delay compliance with environmental

laws while a matter

is under

review.

Despite several Board

Orders expressing growing concern with the lack of progress,

no

disposition

is in sight.

On July

3,

1990,

I reluctantly agreed

to go along with one more opportunity for the parties

to either

settle or litigate this case.

The parties response was woefully

inadequate.

There is a burden on petitioner

in this litigation

to

diligently prosecute

its case.

That burden has not been met.

would dismiss

I, Dorothy M. Gunn,

Clerk of

the

Illinois Pollution Control

Board,

hereby certify that the above Dissenting Opinion was

submitted on the

~‘/~!-

day of

-.

2

,

1989.

~

.~(

Dorothy M.

Gunn,

Clerk

Illinois Pollution Control Board

114--715