not agree that the Board should grant even limited relief basedupon the fact that the Agency did not respond to the motion, itis the dicta contained in the first paragraph of today’s Orderwhich forces this dissent.
It is clear to me that the carefully
defined rule of Peabody is unable to subsume the wide-rangingproblems the Board must face in future NPDES permitcondition appeals.
I must therefore respectfully dissen oday’s Order
herein.
~
Illinois Pollution ontrol Bo...
Allowed
schroedk
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