ILLINOIS POLLUTION CONTROL BOARD

February

28, 1991

MAXWELL COMMUNICATIONS CORP.,

)

Petitioner,

)

PCB 91—37

(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 grant 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.

Bill S.

or ade

J.

heodore

eyer

Board Member

Board Member

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above Concurring Opinion was filed

on the //24

day of ______________________,

1991.

~

CIdF~’~

Illinois Pollution Control Board

119—95