ILLINOIS POLLUTION

CONTROL

BOARD

August 13, 1971

PARK

MANOR

V.

)

#PCB71—190

ENVIRONMENTAL

PROTECTION AGENCY

)

Dissenting Opinion ~by Mr. Currie):

It would be unfortunate if construction and occupancy of

this proposed nursing home were postponed, especially in light

of significant expenditures in reliance an the availability of

a sewer connection, as described in the majority opinion.

But

it is also unfortunate th~tthe sewage of some 113 residents,

together with staff, will be added to an overloaded treatment

plant, especially in the absence of any proof or even allegation

that alternatives

(such as employed in #71-106, Seegren v,

EPA,

opinion approved-this date) are unavailable.

If

I thought the

expenditures suffic,ient to forbid postponing construction,

I

would insist upon such proof.

Even

if proof were made, however,

I would adhere to my dissenting opinion in Wachta

V.

EPA,

#71-77 (Au~y5,

1971)

and deny the variance.

As the Board

said in Wagnon v.

EPA,. #71-85

(July

26, 1971),

the

money so far

spent is not lost;

its

enjoyment

is postponed.

The land will

be there, and the plans can be used, after the ban is lifted.

In the meantime I think we should not make pollution worse in

the

North Shore Sanitary District.

The petition observes that the proposed building will re-

place an old funeral home that itself

discharged

substantial

wastes to the overloaded plant.

This

is better than having

both buildings discharging at the same time,

but

it

is

better

still

to

have

neither;

for

the

plant

can

handle

nether,

I, Regina E, Ryan,

Cleric of the Pollution Control Board, certify

that Mr. Currie

submitted

the

above dissenting Opinion

~

day

~

1971.

2

-~

323