ILLINOIS POLLUTION CONTROL BOARD
    April 23,
    1992
    HEICO INCORPORATED,
    )
    Petitioner,
    PCB 90—196
    v.
    )
    (Permit Appeal)
    ILLINOIS ENVIRONNENTAL
    PROTECTION AGENCY,
    Respondent.
    CONCURRING OPINION
    (by B. Forcade):
    I respectfully concur with the majority to express my
    frustration with the position the parties stated in the motion to
    reconsider.
    This proceeding was filed on October 26,
    1990.
    On
    April
    9,
    1992, one and one-half years later
    (531 days to be
    exact),
    the record contained no filings by the petitioner except
    continued waivers of the Board’s decision deadline.
    The record
    did contain four separate letters from the hearing officer
    attempting to set this matter for status conferences and hearing.
    (letters of January
    2,
    1991; July 24,
    1991; August 5,
    1991; and
    January
    13, 1992).
    With this background, on April
    9,
    1992, the
    Board ordered this matter set for hearing or it would be subject
    to dismissal for want of prosecution.
    The motion for reconsideration says, in essence
    —
    how dare
    you force our case to hearingL
    The reconsideration motion states
    that the Board action “was improper” because it was not made in
    writing or orally at hearing.
    The parties further argue that the
    parties were not served or given
    7 days notice of the action.
    They assert notice and opportunity for response were totally
    lacking in this case.
    The parties appear to be arguing for due
    process.
    There is a substantial difference between “due process” and
    “overdue process”.
    After languishing for one and one—half years
    with no action on the record,
    this case is clearly in the latter
    category.
    I can reluctantly support this one last extension.
    However,
    I urge the parties either to settle this case promptly
    or litigate it promptly.
    Bil
    SFox~cade
    Board Member
    133—129
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Concurring Opinion was filed
    on the
    _9~7J
    day of
    __________________,
    1992.
    ~
    Dorothy M.,4~inn, Clerk
    Illinois ~91lution Control Board
    133—130

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