ILLINOIS

POLLUTION CONTROL BOARD

October

25,

1973

IN

TEE NATTER

OF:

PCB

R72—2

NOISE REGULATIONS

DISSENTING OPINION OF MR.

HENSS

ON

RAILROAD

ASSOCIATION

MOTION

TO

STAY

EFFECTIVE

DATE

I would grant

a stay of effective date of the Noise

Regulation until a final

judicial review has been made.

Part

2

of the Regulation,

in particular,

is new, complicated and as

far

as

we

know,

the

only

regulation

of

its

type in any of the States.

:t

is

a good Regulation and

I

support

it

without

reservation,

but

I

do

not insist that unique, complicated and expensive regu-

lations should go into effect prior to judicial review of our

decision.

The

Statute provides for such judicial review, and

without

a

stay,

that

right of review is diminished~

~

Christan

L.

Noffat~

Clnrk

of

the

Poiution

Control

Boani.,

certify

that

the

above

is

a

.Dissentinc;

C)einiori

filed.

by

Mr..

Henss

on

(.)ctcber

~

;

iO,

.~

.~..

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