ILLINOIS POLLUTION CONTROL BOARD

April

10, 1986

MODINE MANUFACTURING

COMPANY,

Petitioner,

v,

)

PCB 85—154

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent,

DISSENTI~3OPINION

(by

B,

Forcade and R.

C.

Flemal):

We dissent from the Board’s decision

to continue this matter

and de facto grant

of interlocutory appeal regarding

the hearing

officer’s ruling

on incorporation.

First,

the February

3,

1986,

transcript demonstrates this

is

a proceeding with several objectors,

including one objector added

at hearing

(R.

148),

significant citizen testimony and

questioning, and substantial public interest.

At least one

citizen objector was unable

to attend

the February

3 hearing

(R,

42).

Additionally, citizen testimony objected to continued delay

in this proceeding

(R.

172),

Despite

the significant public

concern and involvement

in this proceeding,

the Board has allowed

a last minute cancellation of

the scheduled hearing.

We can

think

of

no better way to discourage public participation at

hearings.

We would have required the April

17 hearing to proceed,

at

which

time Modine Manufacturing Company’s expert could testify to

the extent possible.

Any additional testimony that might be

required,

based on resolution

of the incorporation

issue, could

be schedule

for

a future hearing.

Member

of

the Board

Ronal

C,

Flemal

Member

of

the Board

69-42

---

I, Dorothy

M.

Gunri, Clerk of the

Illinois Pollution Control

Board, hereby certi~vthat the abo e D~issentingOpinion was

submitted on the

/~~t

day ~

19~q~~1

Dorothy

M. dunn,

Clerk

Illinois Pollution Control Board