ILLINOIS POLLUTION CONTROL BOARD

December 15, 1988

IN THE MATTER OF:

)

PROPOSED AMENDMENT TO

)

R87-6

PHOSPHORUS EFFLUENT STANDARD,

35 ILL. ADM. CODE 304.123

PROPOSED RULE. SECOND NOTICE.

DISSENTING OPINION (by B. Forcade):

I must respectfully dissent from today’s action. I believe

that the proposed rule will allow facilities to turn off

perfectly functional pollution control equipment. I cannot

support that outcome.

To achieve compliance with prior Board regulations, many

dischargers have installed and are presently operating equipment

for phosphorus removal. In many cases that pollution control

equipment was constructed with tax dollars, either from local

government or from USEPA funding. As a result of today’s action

that equipment need not be operated in the future. Consequently,

this proposed rule will allow those facilities to simply turn off

fully functional pollution control equipment. As a result, their

effluent will contain more pollutants tomorrow than it did

yesterday. I consider such action to be back—sliding that is

inappropriate. It violates the spirit if not the letter of the

Clean Water ct Amendments of 1987.

I would have required any facility that had completed (or

nearly completed) construction of phosphorus removal equipment to

continue utilizing such equipment at full operational levels

thr~j~ghoutthe remainder ~f its useful life.

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

Board, hereby certify that the above Dissenting Opinion was

submitted on the

~‘f~

day of ________________________, 1988.

Dorothy M. G~n, Clerk

Illinois Pollution Control Board

94—201