ILLINOIS POLLUTION CONTROL BOARD

November

14,

1972

ENVIRONMENTAL PROTECTION AGENCY

v.

)

#72—149

LOCKPORT TRUCKING CO.,

et al.

LOCKPORT TRUCKING CO.,

et al.

V.

)

#72—229

ENVIRONMENTAL PROTECTION AGENCY

Supplemental Opinion

(by Mr. Currie)

Our Opinion

and Order of October

24,

1972 was a final

disposition of

the enforcement case and

the variance case

then before us.

Since,

as

the petitioners

indicate,

the

Agency may not issue

a permit to dump

in standing water,

the proper course

is to reapply for

a variance

and prove

to

the Board that the deposition

of refuse

in

the standing

water of

the Lockport Trucking

Co. quarry will not pollute

waters

of

the State of Illinois.

See School Building Comm.

v.

EPA,

#71-247,

2 PCB

695

(Oct.

26,

1971)

.

If

a variance

is

granted,

a permit may issue provided all other requirements

are met.

Both permit and variance may be pursued concurrent—

ly if desired

to avoid delay.

We shall expedite hearing to

the

extent practicable upon receipt of

a petition.

Mr.

Henss dissents, believing

we

should hold

a permit

may issue upon proof satisfactory

to

the Agency that the

deposition will not cause water pollution.

I, Christan Moffett, Clerk of the Pollution Control Board,

certify that the Board adopted

the

above Supplemental

Opinion this 14th day

of November,

1972,

by

a vote of________

6

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