ILLINOIS POLLUTION CONTROL BOARD

June

9,

1977

CITY OF CHICAGO,

Petitioner,

v,

)

PCB 77—108

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

DISSENTING STATEMENT

(by Mr. Dumelle):

My reason for dissenting on both the Second and Third Motions

for Extension of Time to File the Recommendation

is

that the period

is simply too long for adequate and deliberate Board action.

Even assuming that April

18, 1977 is the correct filing date

for the Petition,

then an extension

until. June

17, 1977 represents

59 days required by the Agency to file

a Recommendation.

Thus only

21 days would remain until the 90 day decision period has run.

Should the Recommendation be adverse to a grant then no time would

remain for a public hearing to be legally held in order to ascertain

the facts.

The Agency must adhere to the Board’s Procedural Rule 405(a)

which requires that recommendations

be submitted within

30 days of

filing if the entire deliberative process by the Board

is not to

suffer for want of time.

Jacob

D.

Dumelle

I,

Christan

L. Motfett, Clerk of the Illinois Pollution Control

Board, hereby certify the above Dissenting Statement was submitted on

the

.3

~

day of\~..,,

1977.

Christan

L. Moff~W

Clerk

Illinois Pollutiok~’ControlBoard

25

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