ILLINOIS POLLUTION CONTROL BOARD

December 15,

1983

AMERICAN LEGION POST NO.

764

of

TOLEDO, ILLINOIS AND THE

)

VILLAGE OF TOLEDO,

A MUNICIPAL

CORPORATION,

Petitioners,

v.

)

PCB 83—99

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

CONCURRING OPINION

(by

J.

D. Dumelle):

My

reason for concurring lies in Paragraph No.

3 of the

Order

(p.7).

I

do

not

feel

that

the

Old

~rnerican

L’~gion

Home

should

remain

vacant

until

August

13,

1984.

The Legion will

have

to

heat

and insure a vacant building for eight months.

The majority Opinion quotes the Agency notation that no

complaints

or reports

of sanitary sewer overflows or basement

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Legion Home to he sold and used should not affect the environ—

rnent

in

any

material

way.

The Board should not require that

this

building he unused

where the environment is not affected.

J~cobD.

Dumelle

,1

yhairman

I,

Christan

L. Moffett, Clerk of the Illinois Pollutior.

Control Board, do hereby cer~ifythat the above Concurring

Opinion was filed on the

~3h~

day of

~

~

1983.

Christan

L.

Mof~t,’~j

Clerk

Illinois Pollution ~bontrol Board

55-251