ILLINOIS POLLUTION CONTROL BOARD

March 11,

1976

CITY OF KEWANEE,

)

Petitioner,

v.

)

PCB 75—466

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

)

CONCURRING OPINION

(by Mr. Dumelle):

The Board Opinion finds that the alleged hardship to the City

of Kewanee is self-imposed,

to a degree.

I agree with this finding

but would have not granted the 4-month variance given by the majority.

A major factor in my reasoning is that the Illinois Environmental

Protection Agency’s recommendation filed March

4,

1976 reveals poor

operation of the present landfill site by the City of Kewanee on

six days

in late 1975 and early 1976.

Parties wishing a variance

from the Board ought

to come to the Board with clean hands.

They

ought to be living up to the Rules and Regulations

to the maximum

extent possible.

On this record, Kewanee has not done so.

I would not have granted the short variance given the poor

operation of the present landfill in recent months and the

self-imposed nature of the hardship.

Submitted by

I,

Christan

L. Moffett, Clerk of the Illinois Pollution Control

Board, hereby certify the above Concurring Opinion was submitted on

the

_______

of March,

1976.

ristan

L.

offet

,

erk

Illinois Pollution

rol Board