ILLINOIS POLLUTION CONTROL BOARD
December 19, 1996
CITY OF MOLINE,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 97-39
(Variance - Water)
DISSENTING OPINION (by J. Theodore Meyer):
I dissent from the majority in this matter because the order lacks a fundamental
component of Board orders dealing with petitions for variance. Specifically, today’s order
does not set forth a timeline by which the City of Moline (Moline) will achieve compliance
with the Board’s water regulations. This break from past Board practice is not only curious,
given that Moline provided the Board with a time table for achieving its compliance plan, but
it is also troubling because the City of Moline was given a four-year variance, a very generous
amount of time by which to achieve compliance. Without providing a timeline by which
Moline will be expected to meet certain compliance steps or objectives, the Agency lacks
important tools by which to track Moline’s progress. In addition, should Moline petition for
an extension of this variance, the Board will have less documentation to evaluate whether or
not Moline met its burden of demonstrating that it has made substantial progress toward
achieving compliance. All entities in this case would be better served if a timeline of
compliance objectives was included in the Board’s order.
For these reasons, I respectfully dissent.
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J.
Theodore Meyer
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above dissenting opinion was filed on the _____ day of ___________, 1996.
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Dorothy M. Gunn, Clerk
Illinois Pollution Control Board