ILLINOIS POLLUTION CONTROL BOARD

October

22,

1971

CONMONWEALTH

EDISON

COMPANY

)

v.

)

PCB

71—129

ENVIRONMENTAL PROTECTION AGENCY

Supplemental

Statement

(by Mr.

Dumelle)

While

I fully concur

in the

unanimous opinion in this

case

I do wish to point out

that the

bond has been set

at

only $500,000.

This is contrary to the Board~sprevious policy of requiring

a

bond equal

in

amount to

the cost of

the control facilities being

constructed.

In GAF Cor2~ationv. EPA, PCB 71-11

(April

19,

1971)

a variance

was granted to

a water polluter which included the condition that

the company post

a bond in the amount of $2,600,000,

The amount

represented the company~s estimate of the cost of installation of

control facilities.

Standard Brands,

Inc.

v.

EPA, PCB 71-98

(August

2,

1971) was

another water pollution case in which we required

a bond as

a condi~

tion to

a variance grant in an amount equal

to the cost of control

facilities.

That figure was $3,000,000.

The estimated construction cost of treatment facilities in

McN~ll&j4b~!~EPA,

PCB 71—153

(September 30,

1971) was

$220,000 and a bond

in that amount was required as

a variance

condition.

The control equipment promised by Edison to be installed at the

Will County Station amounts

to $19,400,000 in cost

(R.

710,

743).

agree that a bond

in this

full amount would be excessive but

I feel

the Board ought not

to

now set a “ceiling” of $500,000

for bonds in

every case to come before

it in the future.

In this case,

I would

have required

a bond of at least $2,000,000.

~

:9 ~

/

Jacob D,

Dumelle

I, Christan Moffett, Acting Clerk of the Illinois Pollution

Control Board, certify that the

above

Supplemental Opinion was

submitted

on the ~L~~day of

October,

1971.

~

~

~tanNoffett,~~g

Clerk

Illinois Pollution Control Board

2