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

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