ILLINOIS POLLUTION CONTROL BOARD
    April 11, 1991
    CITY OF ST. CHARLES,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 91-58
    (Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    DISSENTING OPINION (by J.D. Dumelle):
    I dissent from the Board’s decision to accept this new case
    because the filing submitted by the City of St. Charles is
    deficient in at least two areas. Section 104.121 of the Board’s
    rules state:
    To enable the Board to rule on the petition for variance,
    the following information, where applicable, shall be
    included in the petition.
    ***
    (f) A detailed description of the existing and proposed
    equipment or proposed method of control to be
    undertaken to achieve full compliance with the Act
    and regulations, including a time schedule for the
    implementation of all phrases of the control program
    from initiation of design to program completion and
    the estimated costs involved for each phase and the
    total cost to achieve compliance;
    ***
    (i) A discussion of the availability of alternate
    methods of compliance, the extent that such methods
    of compliance, the extent that such methods were
    studied, and the comparative factors leading to the
    selection of the control program proposed to achieve
    compliance.
    Because these requirements were not met, I would have refused
    to accept the case. The purpose of obtaining a variance is to
    allow more time for an entity to comport with the provisions of the
    Illinois Environmental Protection Act. In this case, the
    petitioner has not supplied this Board with a specific compliance
    program.
    12 1—83
    Of what use is the rule? Acc
    /Th
    _
    ~
    ~E,
    I, Dorothy N. Gunn, Clerk~ófthe Illinois Pollution Control
    Board hereby certify t t the above Dissenting Opinion was
    submitted on the
    / -
    day of
    _______________,
    1991.
    Dorothy M.,4unn, Clerk
    Illinois PI~&lutionControl Board
    racob D. Dumelle, P. E.
    Board Member
    12 1—84

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