ILLINOIS POLLUTION CONTROL BOARD
    November
    20, 1980
    G.R.R.
    INVESTMENT
    CO.,,
    and
    TIMBERLAKE
    MOBILE
    HOME SUBDIVISION HOMEOWNERS ASSOCIATION,
    Petitioner,
    v.
    )
    PCB 80—130
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    DISSENTING OPINION
    (by J.D.
    Dumelle):
    My reasons for dissenting in this matter are as follows
    1.
    The record is deficient
    on the uses by the public
    of the receiving stream.
    2.
    The record is deficient as to
    the
    travel distance
    necessary to render pathogens safe.
    3.
    The decision is a pre—judgment of a pending
    regulation.
    No mention is made in the pleadings of public uses,
    if any,
    of the receiving stream.
    Are swimming,
    wading, canoeing or
    fishing activities carried on in the 25 or more miles of streams
    between this discharge and Evansville,
    Indiana?
    The reason for
    adoption of
    a fecal coliform effluent standard was to protect the
    public from associated pathogens.
    The Agency merely quotes from R77-12,
    Docket
    1),
    its proposal
    for
    a 20 mile distance between untreated sewage effluents and
    a
    public water supply,
    etc.
    No technical or scientific support is
    in
    the record to verify this distance.
    The hearings from
    R77—12,
    Docket
    D, have not been made a part of this record.
    Lastly,
    to decide
    a variance solely because of a pending
    regulation
    (in the absence of the above listed information)
    is
    a
    pre—judgment of that regulatory proposal.
    It also serves to
    encourage variance petitioners to file rulemaking initiatives
    before the Board in order to hoostrap their way to
    a favorable
    variance decision.
    I would have dismissed the instant petition as wholly
    inadequate.
    And I would point out that chlorination has been
    required at this site since July 1,
    1972.

    —2—
    The Board
    is referred to a somewhat similar variance
    case, which it denied without prejudice (Metropolitan
    ~
    District of Greater Chicago v~EPA,
    PCB 76-54,
    September 30,
    1976,
    23 PCB 623).
    Jacob D.
    Dumelle
    I, Christan
    L.
    Moffett, Clerk of the Illinois Pollution
    Control
    Board, hereby certify that
    e above Dissenting Opinion
    was filed on the /~1L~
    day of
    ___________,
    1980.
    Christan L. Mof~,
    Clerk
    Illinois
    Pollution
    Control
    Board

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