ILLINOIS POLLUTION CONTROL BOARD

December 16, 1976

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 76—29

RONALD E.

CARLSON,

Respondent.

DISSENTING OPINION

(by Mr. Young):

I do not agree

to the modification of our Order of

October 14,

1976 in this matter on an informal motion by

the Henderson County Board.

The County Board was not

a

party in the action and has no standing under our rules

to move for the modification of the Order.

I believe this

action establishes

a dangerous precedent and is

in contra-

vention of Procedural Rule

334 which requires such motion

to be filed by any party within 35 days

of final Order.

In

accepting the letter from the County Board, we allow a motion

from a non-party made

48 days after final Order.

The record in the case indicates

that Respondent Carlson

had gone to the Board of Supervisors seeking assistance

in

relocating the refuse disposal operation to an environmentally

acceotable site but that the supervisors had preferred not to

get into the situation.

Since the County Board did not intervene

in the case

which they might well have done

to protect the interests

alleged in their informal motion,

the only basis for relief

would have been a timely Petition for Modification with

suoporting affidavits

filed by Respondent Carlson or

a Petition

for

Varience

filed

by

the

County

Board.

‘S

——

‘

kJ~

~mesYo~~

I,

Christan

L. Moffett,

Clerk of the Illinois Pollution

Control Board, hereby jertify the ahve Dissenting Opinion was

submitted on the

~

day of

,

1976.

Christan L. Moff~/1Clerk

Illinois Pollutiorf’~ontrolBoard

74

—

403