ILLINOIS POLLUTION CONTROL BOARD
    August 26,
    1991
    VILLAGE OFFOX RIVER GROVE,
    )
    )
    Petitioner,
    v.
    )
    PCB 91—104
    )
    (Variance)
    ILLINOIS, ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by J. Anderson):
    On August 22,
    1991, the Board received,
    from the Illinois
    Environmental Agency (Agency),
    a letter sent to the Agency from
    the State’s Attorney of McHenry County.
    The letter states that
    McHenry County does not support grant of variance.
    On August 23,
    1991, the State’s Attorney sent a letter advising the Board that
    Mdflenry County was not requesting that
    a hearing be conducted,
    but repeated its opposition to grant of variance.
    On August 26,
    1991, the Board received
    a letter from
    Marguerite Sutton of Fox River Grove, requesting a public hearing
    “so that the citizens of Fox River Grove may ascertain the extent
    of pollution in their groundwater”.
    We note that the Board,
    in an August 22,
    1991, Order, had
    cancelled a hearing in response to the withdrawal of an earlier,
    timely filed objection.
    The Illinois Environmental Protection
    Act provides in pertinent part in Section 37(a)
    that,
    in a
    variance proceeding,
    the Board may in its discretion schedule a
    hearing, and shall do so if any person files an objection within
    21 days.
    The Village of Fox River Grove filed a petition for
    variance on June 21,
    1991 and an amended petition on July 19,
    1991; thus the latest objections were not timely filed and the
    question of hearing
    is a matter of Board discretion.
    The Board has determined not to reverse its prior
    cancellation of the hearing.
    The timeliness of the NcHenry
    County objection is no longer an issue after its clarification on
    the hearing question.
    In considering Ms. Sutton’s request, we
    have attempted to balance the interests of all concerned,
    including our own as decisionmaker.
    We suggest that Ms. Sutton’s
    general concerns about groundwater pollution might, at least in
    the first instance, best be addressed at the local level.
    In any
    event,
    the issue before the Board
    in this variance proceeding is
    125—5 23
    2
    limited to the sole question of whether to allow extension of the
    Village’s water supply mains prior to the Village’s achieving
    compliance with the Board’s trichloroethylene standard.
    IT IS SO ORDERED.
    B. Forcade and
    3.
    Dumelle dissented.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Bg~d~,
    hereby ce~ifythat the above Order was adopted on the
    ~‘(~
    d~yof
    ~
    ,
    1991 by a vote of
    ~‘1~—
    Dorothy M.
    Illinois
    Control Board
    125—5 24

    Back to top