ILLINOIS POLLUTION CONTROL BOARD

July 10, 1980

CITY OF ROLLING MEADOWS,

Petitioner,

V.

)

PCB 80—70

ILLINOIS ENVIRONMENTAL PROTECTION

)

AGENCY,

Respondent.

CONCURRING OPINION (by J.D. Dumelle):

While I agree that the variance, if needed, should be

granted, I am not sure of the need for it.

The Petitioners data are from an uncertified laboratory

and thus cannot be relied upon. The IEPA itself presents

only a single sample analyzed at a certified laboratory taken

May 4, 1979.

The Petition was filed April 9, 1980 with the Board.

Thus, more than eleven months have elapsed in which additional

samples might have been taken and analyzed after that first

sampling.

Furthermore, Rule 309(C)1(a) requires quarterly samples.

The legal question thus remains whether a violation of the

Rule can be shown without following the sampling frequency

mandated by the Rule itself.

The radium standard was adopted by the Board in R77—13

on August 24, 1978. It would seem that by now ample radium

data gathered on the required quarterly basis should he available.

Since I am not sure of the proven need for the variance

I concur in its grant.

The Petition refers to fiscal losses to a developer of

“$100,000 per month” caused by the IEPA’s moratorium action

of June 21, 1979. The Petition in this case was only filed

on April 9, 1980 which was more than 9 months later. No reason

was given for this filing delay by the Petitioner.

Respectfully submitted,

---

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify that the above icurring

Opinion was filed on the

J~j~

day of

,

1980.

ristan L. Moff t Clerk

Illinois Pollutio ntrol Board