ILLINOIS POLLUTION CONTROL BOARD

November 7,

1985

VILLAGES OF HAMPSHIRE,

Petitioner,

PCB 85—114

ILLINOIS ENVIRONMENTAL

)

PROTECTION

AGENCY,

Respondent.

DISSENTING OPINION (by B. Forcade and J.D, D~rme11e):

t~edissent from the majority Opinion and Order in this

matter for three reasons: lack of compliance with the

prior

variance; lack of commitment to future compliance; and

self—

imposed hardship.

The Village of Hampshire (“Hampshire”) was granted a

five—

year variance from the

1.0

mg/l barium limitation

on

January 22,

1981. During the nearly five years of that variance Hampshire

has taken no positive action to come into compliance, has taken

no positive action to investigate methods of compliance and has

failed to file required reports with the Agency.

In short,

Hampshire has made no efforts

in

the

direction

of compliance with

health

related standards, procedural filing of

reports or

requirements

of this Board~sOrder for five years.

A review of Hampshire~s variance petition

(5—1/2 pages)

shows

it lacking

a plan for compliance.

Indeed,

the petition

lacks a

plan for

developing a

plan for

compliance. The only

“plan” consistent with

the facts

is

another variance request ad

infinitum.

Much of Hampshire1s hardship is self—imposed.

Hampshire has

failed to pursue alternative source investigations

even where

there would apparently be no cost. Also, during

the period of

unauthorized delay, the costs for one method

of compliance have

risen nearly 36. To seek variance in part

based on these

factors is indeed self~imposed hardship.

We would have denied variance leaving compliance

to the

enforcement mechanisms of the Environmental Protection

Act.

~rcae

Member of the Board

acob

D,

Dumelle

~hairman of the Board

---

—2—

I,

Dorothy H, Gunn, Clerk of the Illinois

Pollution Control

.~

Board hereby certifies that the above Dissenting Opinion was

submitted on the

~

day of

~~t~k/

,

1985.

~

~

Clerk of

the Board

.

.

68~32O