ILLINOIS POLLUTION CONTROL BOARD

July

24,

1980

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY,

Complainant,

v.

)

PCB 78—264

CITY OF KEWANEE, A MUNICIPAL

)

CORPORATION,

Respondent.

CONCURRING OPINION

(by J.D. Dumelle):

My

reasons for concurring in this decision lie in the

mandatory staffing requirement and the lack of an ammonia

limitation contained in the stipulation which is here accepted.

Paragraph 32(D) requires, among other conditions,

that

the City of Kewanee maintain a staff of seven employes at

all times.

I feel that mandatory staffing levels discourage

innovation and economies.

The “proof of the pudding should

be

in the eating” and the proof of adequate operation of

a sewage treatment plant should be in the quality of its

effluent,

not in how many people are hired.

Paragraph 34 puts no

limitations upon ammonia discharges.

This means that the City of Kewanee could discharge ammonia

at say 100 mg/l with impunity from prosecution.

An upper level

of 15 mg/i or perhaps

20 mg/i based upon actual discharges

should have been set to protect the environment.

There appears to be no time

limit in this stipulation

and therefore the above conditions run at least with the life

of the MPDES permit which might be up to five years from today.

I think these two conditions are ill—advised and therefore

concur.

~JacobD. Dumelle

I,

Christan L. Moffett, ~lerk

of the Illinois Pollution

Control Board,

hereby certify that the above Concurring Opinion

was filed on the

~

day of~~19~.

CI~ristanL. Mof

,

Clerk

Illinois Pollution Control Board