ILLINOIS POLLUTION CONTROL BOARD
October 30,
1980
UNITY VENTURES
Petitioner,
v.
)
PCB 80—175
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Respondent.
DISSENTING OPINION
(by J.D. Dumelie and N.E. Werner):
Our reasons for dissenting in the dismissal of this case
are;
1.
The dismissal
is premature.
2.
The dismissal may in fact harm the environment.
3.
The dismissal advances an incorrect view of restricted
status
(sewer ban) cases.
Dismissal
is premature because a hearing was not held
as requested on the petition.
A hearing might have given
the Board a better understanding of the Petitioner’s intention
to construct the sewer in question.
If the Petitioner does in fact build the sewer
(which
can be done until January 31,
1981) then
a subdivision development
probably must follow in order to generate the revenues necessary
to amortize the sewer.
The new house revenues connections
will then add more waste to the overloaded sewage treatment
plant and thus further harm the environment.
In contrast,
a grant of the variance would allow 3—5 years more time and
the planned sewage treatment plant expansion would then be
much closer to completion
if not in fact completed.
The Board majority seems
to agree that denial of the
petition merely puts the Petitioner on a par with all other
new requests for permits,
That itself
is
a hardship.
The
Petitioner today can go forward with its development.
After
January 31,
1981 it may or may not, depending on who else
applies
for permits and how the Board views other petitions
against the instant one.
It will have lost its freedom of
action.
—2—
In summary,
as a minimum,
the Board should have allowed
a hearing on the Petition.
On the merits,
a grant of the
Petition would have protected the environment and not serve
to cause the harm which may now occur.
_
Nels
F.
er er~~
I, Christan L.
Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify that the above Dissenting Opinion
was filed on the /O~
day of
~‘7&rV’~—/J-’-
,
1980.
6
~L~j-R~
~~4,~1~/J2-
~/
Jacob
D.
Dumelle
Christan L. Mof~t, Clerk
Illinois Pollution Control Board