ILLINOIS POLLUTION CONTROL BOARD

December 16, 1976

J.D. TURNER,

Petitioner,

V.

)

PCB 76—240

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

DISSENTING STATEMENT (by Mr. Dumelle):

My

reason for dissenting in the Interim Order issued this date

is that the Petitioner’s statutory right to a decision in a variance

proceeding within 90 days has been postponed and thus denied.

The case was filed September 27, 1976 and thus was due for Board

decision by December 26, 1976. An Illinois Environmental Protection

Agency Recommendation was due October 27, 1976 but in fact was not filed

until December 7, 1976, some 40 days late. An amendment to the

Recommendation was received December 10 which is 73 days after filing.

The Board in issuing its Order is now flatly stating that the

Petition is inadequate without a hearing. I do not so find that to

be the case. In any event, that determination should have been made

by this Board upon the filing of the Petition and not on the 80th

day after filing. To now insist upon a waiver under pain of dismissal

because of a gross failure by the Agency to timely file its Recommen-

dation does not give the Petitioner his 90-day decision as contem-

plated by the Act. He is put to the considerable expense of a hearing

(unless proverty is shown) and his riqht to a decision will be post—

ponerl perhaps for several

more

months.

I would have decided the case based upün what~was before us.

Submitted by

_________________

I, Christan L. Moffett, Clerk of’-.~he Illinois Pollution Control

Board, hereby certify thel above Dissenting Statement was submitted on

the

~

day of ~

—,

1976.

Christan L. Moffe

,

Cl~rk

Illinois Pollution Control Board

acon

U.

uumelle

24

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449