I

LLI~0I

S

POLLUTION CONTROL BOARD

March 21,

1984

VILLAGE OF LOMBARD,

Petitioner~

V.

PCB 83~147

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY,

Respondent~

Dissenting Opinion

(by

13.

Forcade):

I respectfully dissent

from

the

malority

because Lombard has

failed to establish arbitrary or unreasonable hardship and failed

to evaluate the environmental

consequences of the requested

vari-

ance.

Previously

this

Board

has

held

that

arbitrary

or

unreason-

able

hardship

exists

when

previous

financial

expenditures

or

commitments

are

frustrated

by

the

subsequent

imposition

of

re—

stricteci

status.

In

these

circumstances

there

is

a

direct

cause

and

effect

relationship

between

restricted

status

and

the

hardship.

Today

the

Board

holds

that

qeneral

deterioration

due

to

loss

of

businesses

in

the

downtown

municipal

area

constitutes

such

hardship.

Restricted

status

did

not

terminate

the

sewer

discharges

from

Henderso&

s

department

store

or

any

othe:r

Lombard

business.

Thus

there

is

no

nexus

between

restricted

status

and

the

hardship.

Additionally,

Lombard

has

completely

failed

to

evaluate

the

environmental impact of

diverting

stormwater

from

one

sewer

to

another.

I

believe

Petitioners

have

that

burden

in

a

variance

proceeding.

Lombard

claims

that

diverting

stormwater

from

the

overloaded

combined

sewer

t.o

the

overloaded

storm

sewer

will

reduce

downstream

basement

hack~ups~

The

intervenors

dispute

this

conclusion.

Since

the

record..

is

remarkably

silent

on

facts

supporting either

conclusion,?

I was

unable

to

determine

whether

the

plan

will

improve

or

aggravate

basement

back~ups

Such

a

finding

could

have

been

made

if

Lombard

or

the

intervenors

had

provided

infor:r~ationon downstream

sewer

layout.,

cross

connections,

capacities

and flowsç

as well as the cause and

location of flood-

ing and basement

ba.ck~-ups~

The

record

here

has

focused

on

the

seven

acres

of

the Plan.

Much

more

attention

should

have

been

niven

to

the

areas

where

the

problems

occur

so

this

Board

could

evaluate

the

irnpa~t(~hevari-

ance

would

have

57-189

---

2

I,

Christan L. Moffett, Clerk of the Illinois Pollution

Control Board,

hereby

was filed on theJi~_dayof

,

1984.

(I~A~L.

~

Christan

L. Mo~Efe~I~Clerk

Illinois Pollution Control Board