ILLINOIS POLLUTION CONTROL BOARD

June

20,

1986

CLASSIC FINISHING COMPANY,

INC.,

V.

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

)

)

PCB 84—174(B)

CONCURRING OPINION

(by J.D. Dumelle):

The majority has

granted variance beginning on March

14,

1985 even though the original petition was filed November

21,

1984.

Ownership changed on March

1, 1985.

Thus the present

owners are left with 13

days of liability

to State or Federal or

citizen prosecution.

The previous owners are now similarly

liable

for the period from November 21, 1984

to March

1,

1985.

Since

the decision has been made

to grant

the variance the

“balancing” between environmental harm and hardship has obviously

been resolved

in the company’s favor.

If that

is

so then why not

fully protect an Illinois industry that provides

71 jobs in an

inner city minority area?

Industry needs positive signals from

Illinois regulatory agencies.

The majority could have easily

eliminated all potential liability

in this case but chose not

to

do so.

I, Dorothy M.

Gunn,

Clerk of

the Illinois Pollution Control

Board, hereby certify that the above Concurring Opinion was filed

on the

‘~—‘~

day of

__________________

1986.

/&~

Dorothy M. Gu~in,Clerk

-

Illinois Pollution Control Board

Petitioner,

Chairman