ILLINOIS ~OLLUTION CONTROL BCkM~D

February 23, 1989

JOHN SEXTON CONTRACTORS COMPANY,

Petitioner,

v.

)

PCB 88—139

ILLINOIS ENVIRONMENTAL PROTECTION

)

7~GENCY,

Respondent.

ORDER OF THE BOARD (by B. Forcade):

The Board entered an Order on February 2, 1989 affirming the

Illinois Environmental Protection Agency—issued (“Agency”) permit

conditions at issue in this proceeding. The Board did not

simultaneously enter an Opinion setting forth its reasons. John

Sexton Contractors Company (“Sexton”) filed a motion for

reconsideration on February 17. The Agency filed a February 22,

1989 response to Sexton’s motion. The Board separately enters

its Opinion today.

The Board’s usual practice is to render its decision and

supporting reasons in a single Opinion and Order. Each Board

proceeding is assigned to a Board Member who is responsible for

drafting that Opinion and Order. Occasionally, the draft Opinion

and Order, written by that member, fails to gain a majority

vote. In such instances, where the decision risks running afoul

of a statutory due date, it is necessary for the Board to enter a

timely Order, setting forth a decision without the supporting

reasons. When this occurs, the proceeding is reassigned to

another Board Member for a new majority Opinion, setting forth

those reasons as soon as possible.

This is the situation here. Today’s Opinion sets forth the

reasons for the Board’s February 2, 1989 Order. The Board will

docket Sexton’s February 17 motion for reconsideration. The

Board hereby grants Sexton 35 days from today to submit an

amended motion for reconsideration that is responsive to today’s

Opinion. This will give Sexton an opportunity to evaluate the

reasons enunciated in today’s majority opinion in this matter.

The Board will not act on Sexton’s motion until such time that

Sexton submits an amended motion responsive to today’s Opinion

and the Agency has had an opportunity to submit any timely

filings.

96—211

---

—2—

The Board notes that both Sexton and the Agency appear to be

under the impression that a dissenting opinion was being

“circulated” outside the Board. This is not the case; the Board

cannot account

for such erroneous impressions.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that t~eabove Order was adopted on

the

~

day of c~A~

,

1989 by a vote

of

-.

Dorothy t~/Gunn, Clerk

IllinoisVpollution Control Board

96—212