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