ILLINOIS POLLUTION CONTROL BOARD

December 17, 1987

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

Complainant,

v.

)

PCB 78—139

VICKERY MANOR SERVICE

)

CORPORATION and NORTH HILLS

)

MUTUAL SEWER ASSOCIATION,

)

Respondents.

DISSENTING OPINION (by J. Anderson):

I agree that the Board should consider dismissing this

case. However, I disagree with the Board majority’s dismissal

action today, essentially on its own motion, and without an

explanatory opinion. I believe the Board should instead have

first issued an interim order stating its intent to do so and

why, and giving the Agency an opportunity to respond by a date

certain.

The instant motion before the Board did not request

dismissal of the case; indeed, since North Hills Mutual Sewer

Association (North Hills) was requesting dismissal as a party, it

was hardly in a position to request dismissal of the case against

the Vickery Manor Service Corporation (Vickery Manor), a party

the movant did not represent.

The Agency had no notification of the Board’s intent to make

a final determination listed on the agenda, and no reason to

expect the Board to reach out beyond the pending motion of North

Hills. The Agency’s lack of response on the pending motion could

be construed only as a lack of Agency objection to going back to

“square one”, i.e., the situation as it existed prior to the

voluntary substitution of North Hills for Vickery Manor as the

respondent pursuant to the settlement agreement.

I believe the Board majority’s action, taken without warning

and without explanation, was not proper. Section 33(a) of the

Act mandates that in all its final determinations the Board shall

“file and publish a written opinion stating the facts and reasons

leading to its decision..” That is the very least the Board

should have done.

For these reasons, I dissent.

84—561

---

—2—

~oan G. Anderson

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

Board, hereby certify that the above Dissenting Opinion was

submitted on the

/1~

day of

~L_i_,jg_i~

,

1987.

Do

I 11 i no P0

Control Board

84—562