ILLINOIS POLLUTION CONTROL BOARD

August

30,

1990

WESTERN ILLINOIS POWER

)

COOPERATIVE,

INC.,

(n/k/a

)

Soyland Power Cooperative,

Inc.),

)

Petitioner,

PCB 85—164

V.

)

(Permit Appeal)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

DISSENTING STATEMENT

(by J.D. Dumelle):

This case

is the second oldest case in the Board’s

backlog.

It was filed on October

24,

1985.

It

is almost

5 years

old.

The Board has been criticized by both the Federal government

and by the IEPA for taking too long to decide matters before

it.

Furthermore

in two separate filings

in R90-8 the IEPA has

pointedly cited the instant case as an example of Board-allowed

delays.

Yet the majority has again given more time for the laggard

Petitioner

to submit materials and to hold

its hearing.

I fully

agree with Board Member Bill

S.

Forcade.

This case should have

been dismissed for want of prosecution.

What have been

the

environmental consequences

of the failure

of the new (and

presumably stricter)

permit being held

in abeyance by this delay?

For these reasons,

I dissent.

fl\

72

//~

~

Ja ob

D. Dumelle,

P.E.

B

rd Member

I,

Dorothy M.

Gunn, Clerk o

the Illinois Pollution Control

Board hereby certify that the above Dissei~ting~Statementwas

submitted on the

~

day of

xjc

~

1990.

7~.

Dorothy M. Gunn,

Clerk

Illinois Pollution Control Board

114—717