ILLINOIS POLLUTION CONTi~OL BOARD

September 20, 1985

Vi~LAGE OF MINO3KA,

Petitioner,

v~

)

PCB 85—100

ILLINOIS ENVIRO~ENTAL

PRDTECrION AGENCY,

Respondent.

OL3E~rING OPINION (by R. C. Flemal):

The more appropriate disposition of this matter would have

been cieriial of variance, with leave to refile when and

if

necessary. There is sufficient reason for reaching this

conclusion based on the inooting of the issue by the Board’s

~ugust 15, 1985, action in R85—l4 (Proposed Amendments to Public

,(Jater Supply Regulations, 35 Ill.

Pdm.

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

arid 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 oi

relief beyond that already afforded by the August 15

eim~rgency

rule making, it must be concluded that granting of

variance at this time is premature.

For

these reasons, I dissent.

Ronal C. Flemal

Board ~1ember

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

Board,

hereby certify that the above Dissenting Opinion was

submitted

on the ~

day of

~

p

1985.

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Dorothy

M.

Gkinn, Clerk

Illinois Pollution Control

65-537