ILLINOIS POLLUTION CONTROL BOARD

October

15,

1987

IN THE MATTER OF:

PROPOSAL OF WESTERN ILLINOIS POWER

COOPERATIVE,

INC.,

FOR SITE—SPECIFIC

)

R85—26

AMENDMENT OF THE WATER POLLUTION

REGULATIONS

CONCURRING OPINION

(by J.

Theodore Meyer):

I concur with the result reached by the majority,

and with

the majority’s finding that WIPCO has not provided sufficient

information about

the prospective environmental impact of the

proposed rule.

However,

I do not agree that the discharge canal

is

a water of the United States.

If the canal through which the

condenser cooling water is discharged was

a pipe rather

than an

open ditch,

there

is no question that such

a pipe would not be

considered

a water of the United States.

In such

a case,

effluent pH would most likely be monitored

at the juncture of the

pipe with the Illinois River.

35

Ill.

Adm.

Code 304.102(b).

Likewise,

I do not believe

that the discharge canal

fits within

the definition of “waters of the U.S.”

set forth

at

40 CFR 122.2.

J. ç’~heodoreMeyer

)

Boa’+d Member

I,

Dorothy M.

Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certify that the above Concurring Opinion was filed

on the

~~~-day

of

__________________

~

~~/)-~

*

Dorothy M. Cunn,

Clerk

Illinois Pollution Control Board

82—355