ILLINOIS POLLUTION CONTROL BOARD

September 20, 1985

CITY OF GENEVA,

)

Petitioner,

V.

)

PCB 85—93

ILLINOIS ENVIRONMENTAL

~ROTECTIO@ AGENCY,

Respondent..

DISSENTING OPINION (by R. C, Flemal):

The more appropriate disposition of this matter would have

been denial of variance, with leave to refile when and if

necessary. There is sufficient reason for reaching this

conclusion based on the mooting of the issue by the Board~s

~ugust 15, 1985, action in R85—14 (Proposed Amendments to Public

Water Supply Regulations, 35 Ill. Mm. Code 602.105 and 602.106),

which granted the immediate relief requested by Petitioner and

makes the granting of additional relief at this time duplicative

and unnecessary.

Further, the pendency of final resolution on R85—14, in

addition to possible action by the U.S. Environmental Protection

Agency on the subject matter of the variance, leaves the record

on health effects of radium in drinking water incomplete; some

substantial health questions appear to remain. Since both the

State and Federal actions offer promise of addressing the health

questions and of being completed before Petitioner would have

need of relief beyond that already afforded by the August 15

emergency rule making, it must be concluded that granting of

variance at this time is premature.

For these reasons, I dissent.

Ronald C. Flemal

Board Member

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

Board, hereby certify that the abov Dissenting Opinion was

submitted on the ~

day of

____________________,

1985.

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F

Dorothy M, Gánn, Clerk

Illinois Pollution Control

65-525