ILLINOIS POLLUTION CONTROL BOARD
November
6,
1975
CORPS OF ENGINEERS,
)
ROCK ISLAND DISTRICT,
)
Petitioners,
v.
)
PCB 75—265
ENVIRONMENTAL PROTECTION AGENCY,
Respondents.
DISSENTING OPINION
(by Mr.
Dumelle):
My
reason
for dissenting in this case is the apprehension
that the majority decision may delay necessary maintenance now
underway.
The Petition asserts that gates at Lock and Dam 13 were to
be painted between October 6 and December 1,
1975.
After December
1,
1975 and until May 1,
1976 painting was to be performed at Lock
and Dam 15.
In view of the Board decision today in Abitibi
(PCB 75-207)
in which
a variance was granted because photochemical smog would
not occur in these late Fall months it seems
to me that we could
have dealt similarly with the Corps of Engineers.
I would have granted a variance through February
1,
1976.
Necessary maintenance could have gone forward and under Abitibi
no environmental harm would have resulted.
It is even possible
that the Corps could have accelerated its painting to have all
of it done before the Spring 1976 photochemical smog season arrives.
For these reasons,
I respectful
dissent.
Submitted__________________________________
Jacob D. Dumelle
I,
Christan
L. Moffett, Cler
f the Illinois Pollution Control
Board,
hereby certify the above
senting Opinion was submitted on
the
L04”
day of November,
1975.
~4~anL.ote~~
Illinois Pollution C
ol Board
19—245