ILLINOIS POLLUTION CONTROL BOARD

January 24,

1991

ELCO INDUSTRIES,

INC.,

)

Petitioner,

v.

)

PCB 91—15

(Provisional Variance)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent.

CONCURRING OPINION (by B. Forcade and J

.

Theodore Meyer):

We agree with the action taken today in granting this

provisional variance, but would have added language to the Order

explaining the function we see the Board performing in these

decisions.

Since that language is not present in the Order, we

concur.

The Environmental Protection Act describes the provisional

variance process at Section 35(b):

The Board

shall arant provisional variances,

only upon notification from the Agency

that

compliance on a short term basis with any rule

or

regulation,

requirement

or

order

of

the

Board,

or with any permit

requirement would

impose an arbitrary or unreasonable hardship.

(Emphasis Added).

Pursuant to this statutory language, the General Assembly has not

empowered this Board to deliberate the environmental consequences

of the provisional variance or review the merits of the Agency

decision.

.~rJ

Theodo1~eMeyer

Board Member

I, Dorothy N.

Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certify tha

the above Concurring Opinion was filed

on the

~

day of

__________________,

1991.

~.

/~LI

Dorothy M. Q~1nn, Clerk

Illinois Pollution Control Board

Board Member

118—189