ILLINOIS POLLUTION CONTROL BOARD

September

20,

1985

CITY OF GENEVA,

)

Petitioner,

V.

)

PCB 85—93

ILLINOIS ENVIRONMENTAL

~ROTECTIO@ AGENCY,

Respondent..

DISSENTING OPINION

(by R.

C, Flemal):

The more appropriate disposition of this matter would have

been denial of variance, with leave to refile when and

if

necessary.

There

is sufficient reason for

reaching this

conclusion based on the mooting

of the issue by the Board~s

~ugust 15,

1985,

action in R85—14

(Proposed Amendments

to Public

Water Supply Regulations, 35

Ill. Mm. Code 602.105 and 602.106),

which granted the immediate relief requested by Petitioner and

makes

the

granting of additional relief

at this time duplicative

and

unnecessary.

Further,

the pendency of

final resolution on R85—14,

in

addition to possible action by the U.S. Environmental Protection

Agency on the subject matter

of the variance,

leaves

the record

on health effects of radium in drinking water incomplete;

some

substantial health questions appear

to remain.

Since both the

State

and Federal actions offer promise of addressing

the health

questions and

of

being completed before Petitioner would have

need of relief beyond that already afforded by the August

15

emergency rule making,

it must

be concluded that granting of

variance at this time

is premature.

For

these reasons,

I dissent.

Ronald

C.

Flemal

Board Member

I, Dorothy

M.

Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the abov

Dissenting Opinion was

submitted on

the

~

day of

____________________,

1985.

/~-‘

__

-

F

~7.

Dorothy M, Gánn,

Clerk

Illinois Pollution Control

65-525