ILLINOIS POLLUTION CONTROL BOARD

September

13, 1989

UNITED CITY OF THE

)

VILLAGE OF YORKVILLE,

)

Petitioner,

)

v.

)

PCB 89—84

)

(Variance)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

Respondent.

DISSENTING OPINION

(by

3.

Theodore Meyer):

I dissent from the majority opinion because

I do not believe

that Yorkville has shown arbitrary or unreasonable hardship to

justify any grant of variance.

As the majority notes, Yorkville

was first notified that its water exceeded radium standards in

January of 1984.

The developer of the subdivision referred to

in

Yorkville’s motion for expedited decision either knew or should

have known that Yorkville was on restricted status,

and

apparently decided to take the risk that Yorkville would have

a

variance when the subdivision was ready to connect to the water

mains.

Simply because this gamble failed does not,

in my mind,

impose an arbitrary or unreasonable hardship.

I am also

concerned that the majority

is setting a disturbing precedent by

granting a variance, however short, without ordering Yorkville to

either commit to a compliance plan or

to achieve compliance by

the end of the variance period.

I would have continued in the

direction started by the majority when they denied Yorkvillets

request

for

a three year variance extension, and denied any

variance at

all.

J~~r~Mêyer

B ard Member

I,

Dorothy

M.

Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify

thftt

the above Dissenting Opinion was filed

on the

/JiZ

day of

~4~L

,

1989.

ion Control Board

103—55