ILLINOIS POLLUTION CONTROL BOARD
    October
    20,
    1988
    MODINE MANUFACTURING
    COMPANY,
    INC.,
    )
    Petitioner,
    v.
    )
    PCB 88—25
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    DISSENTING OPINION
    (by J. Theodore Meyer):
    I dissent from the majority’s
    order granting petitioner
    Modine Manufacturing Company’s
    (Modine) motion for
    leave
    to file
    instanter
    its response
    to the Illinois Environmental Protection
    Agency’s
    (Agency) variance recommendation.
    The Agency’s
    recommendation was filed
    on August
    5,
    1988.
    Pursuant to the
    Board’s procedural
    rules,
    a variance petitioner has seven days
    after receipt
    of the Agency recommendation
    to file any response
    to the recommendation.
    (35 Ill.
    Adrn.
    Code 104.181.)
    Modine’s
    motion
    to file
    its response instanter was filed on October
    11,
    1988.
    Thus,
    Moc5ine’s response was
    filed seven weeks late.
    Given
    the pressure on the Board
    to keep
    its proceedings moving at
    a
    reasonable pace,
    and given the fact that Modine’s motion
    to file
    instanter basically states only that
    its response
    is late because
    of the large amount of
    factual
    information requested
    in the
    Agency’s recommendation
    and because
    of the press of other
    businesses,
    I would deny the motion file instanter.
    J. ~4~heodor~
    Me~jer
    Board Member
    I,
    Dorothy M.
    Gunn,
    Clerk
    of the Illinois Pollution Control
    Board, here~y certify that
    t
    above Dissenting Opinion was filed
    on the’~/~
    day
    of
    __________________,
    1988.
    Illino:
    Control Board
    93—205

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