ILLINOIS POLLUTION CONTROL BOARD
    October
    9, 1986
    ALTON PACKAGING CORPORATION,
    Petitioner,
    v.
    )
    PCB 86—71
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    Respondent.
    MR. EDWARD M.
    PYATT APPEARED ON BEHALF OF THE PETITIONER~AND
    MR. RICHARD C. WARRINGTON,
    JR.
    AND MR.
    JIM FROST APPEARED ON
    BEHALF OF THE RESPONDENT.
    CONCURRING OPINION
    (by J. Anderson):
    I do not agree with the reasons given
    in the Board’s Opinion
    for
    excluding the Army Corps of Engineers as
    a co—petitioner.
    The Corps’ project
    is not taking place at Alton Packaging’s
    behest.
    Altori Packaging has
    no control over,
    and thus no way of
    “maintaining compliance”
    with,
    the 45 day or
    less time limit
    included as
    a condition of this variance.
    (Opinion and Condition
    No.
    1 of Order,
    p.
    5)
    It would have been
    far more reasonable,
    I believe,
    to have
    either
    a)
    retained the Corps as a co—petitioner or
    b)
    tied the
    time limit to
    the completion of the Corp’s work.
    As
    it is,
    I
    must
    trust that the Corps will
    take whatever
    steps that are
    necessary to assure that Alton Packaging
    is not placed
    in
    the
    untenable position of violating
    a
    Board regulation
    and
    its NPDES
    permit because
    the
    Corps took longer than 45 days.
    For these reasons,
    I concur.
    /~
    2
    /~~oan
    G. Anderson
    Member of the
    Board
    73-53
    —2—
    I, Dorothy
    M.
    Gunn, Clerk of the Illinois Pollution Control
    Board,
    hereby certify that the above Concurring Opinion was
    submitted
    on
    the
    /~7Z~ day of
    ~
    ,
    1986.
    Dorothy
    M. G~n, Clerk
    Illinois Pollution Control
    Board
    73-54

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