CONTROL BOARD
    1988
    MCINTOSH LTD,
    -
    HOLDING
    INC.,
    and
    TURNBERRY UTILITIES,
    INC.,
    V.
    Petitioners,
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent~
    DISSENTING STATEMENT (BY
    J.D,. Dumelle):
    PCB 88—81
    PCB 88—88
    (Consolidated)
    My reason for dissenting
    lies
    in the failure of
    the majority
    to await the transcript
    of the July 22, 1988 public hearing.
    While
    the Hearing Officer has told the Board that no members
    of
    the public were present
    it is possible that the parties had
    made significant statements on the record.
    I would have asked
    for expedited delivery of the transcript and,
    if
    necessary,
    scheduled
    a special Board meeting
    to consider the case.
    To hold a hearing and
    to then decide the case without
    receiving the transcript
    is a dangerous precedent.
    Why have
    the
    hearing
    at all?
    ,~
    Dorothy
    M. 5~unn,Clerk
    Illinois P~llutionControl Board
    ILLINOIS POLLUTION
    August
    4,
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    Lastly, Turnberry Utilities,
    Inc.’s allegation that
    immediate resolution was needed
    to
    “continue providing existing
    customers at
    the Turnberry Development with drinking water
    ...“
    is incorrect.
    The Board has always held that lack
    of a variance
    is not equivalent
    to
    a shutdown order.
    -
    ~
    J cob D.
    Dumelle
    airman
    I,
    Dorothy M.
    Gunn,
    C
    rk
    of the Illinois Pollution Control
    Board,
    hereby certify that the above Dissenting Statement was
    submitted on the
    “~
    day of
    ~-7~-.~-.~_,---i-
    ,
    1988.
    91—157

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