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.
    ___________________________________
    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.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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