ILLINOIS POLLUTION CONTROL BOARD
    October 24, 1974
    )
    J. RUSSEL MILLER
    )
    )
    )
    v.
    )
    PCB 74-230
    )
    )
    ENVIRONMENTAL PROTECTION AGENCY
    )
    )
    DISSENTING OPINION
    (by Mr. Durnelle):
    I agree with Dr. Russell T. Odell’s dissent filed November 12,
    1974.
    In the instant case, Mr. ~iil1erconstructed this building
    well after the March 31, 1971 sewer ban set by this Board. His
    original petition of June 17, 1974 states that “the building is
    under construction”,
    Thus we have a situation in which a developer owning an
    8.2 acre tract valued at $615,000 has knowingly built in defiance
    of a sewer ban adopted three years earlier. This is not some
    unschooled householder who built a borne to live in without ~knowled~e
    of the ban. It is a person knowledgeable in real estate Who
    has built 21 condominium units and is presently carrying a debt of
    $350 ,000.
    If ever a sewer ban was flaunted it was in this cases We
    should not let defiance of our ban “bootstrap” a developer
    into
    getting a prized connection to an overloaded sewage treatment plant.
    If the ban is no longer needed, then let the Board in a proper
    action, lift it for all. But let us not legitimize what ~e:~
    deliberately done illegally.
    7
    /
    ~
    /~:
    1/’Jacob D. Dumelle
    /
    Chairman
    I, Christan L. Moffett, Clerk the Illinois Pollution Control Board,
    hereby certify the above Dissenting Opinion was submitted on the
    ~
    day of October, 1974.
    Illinois Pollution trol Board
    14
    —
    271

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