ILLINOIS POLLUTION CONTROL BOARD

August 13, 1971

RICHARD

S. TAUBER

v.

)

#

PCB71—171

ENVIRONMENTAL

PROTECTION AGENCY

)

Dissenting Opinion

(by Mr. Currie):

The

hardship in this ~caseis considerable; not only is

the use of the property postponed,

as in many cases

in which

we have found the pollution risk too great to allow connection,

but the houses in question are said to be “standing vacant

prey to vermin and vandals.”

My dissent is based on my belief.

that the

hardship in this case is identical to that of any new

building that was under construction at the time the sewer ban

was imposed.

I haverearlier voted to deny variances in such

cases on the ground that to allow them--for there will be many

~f them——would add a significant aggregate waste load to treat-

ment plants that cannot handle it,

It may be that a satisfactory

middle ground could be achieved by granting only those requests

in this category in which protection of vacant buildings is

most burdensome, perhaps by distinguishing between individual

homes and apartment or subdivision developments.

But since my

vote

is not necessary to grant this petition,

I adhere to my

previous position with the reservations suggested in this

opinion.

I, Regina E. Ryan, Clerk of the Pollution Control Board, certify

that Mr. Currie submitted t e above dissenting Opinion this

_________________day of

~

,

1971.

‘I