ILLINOIS POLLUTION CONTROL BOARD

July

7, 1995

IN THE MATTER OF:

PETITION OF CONVERSION SYSTEMS,

INC., FOR ADJUSTED STANDARD FROM

)

AS 93-4

35 ILL. ADM.

CODE 811

(Liner)

)

(Adjusted Standard

-

Land)

CONCURRING OPINION

(by

R.C.

Fleinal):

On the basis that Conversion Systems has made the

demonstrations required of it under the Environmental Protection

Act,

the Board today grants an adjusted standard in this matter.

I

agree with that outcome,

and thus join the majority.

However,

in addition to the grant of

the adjusted standard,

the Board

in today’s majority action also opens a rulemaking to

further consider the subject of the adjusted standard.

I believe

that this

is an inappropriate action.

It has the effect of

putting off the Board’s final resolution of this matter, and

makes the adjusted standard less than that which is contemplated

under the Act.

It is less because it

is uncertain relief,

subject to change.

It is less because it obligates Conversion

Systems to justify again the relief that it has already

justified.

It

is less because it keeps Conversion Systems

in

regulatory limbo.

~

Ronald C. Flemal

Board Member

I, Dorothy

M.

Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above conc

in

opinion was

submitted on the

/~t~

day of

-~

,

1995.

~..13orothy

M. 9~nn, Clerk

Illinois Po~ution Control Board