ILLINOIS POLLUTION CONTROL BOARD
    November
    29,
    1988
    CITY OF SPRINGFIELD,
    )
    Petitioner,
    )
    v.
    )
    PCB 88—113
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    CONCURRING OPINION
    (by 3.D. Dumelle and M.L. Nardulli):
    While we fully agree with the granting of the variance we
    are concerned about two matters.
    The first matter
    is Condition
    (b)
    of the Order.
    That
    condition requires the two temporary dams
    to be removed “when the
    normal
    levels on Lake Springfield are obtained.”
    It
    is quite
    possible that
    if the dams are installed
    in early 1989 and
    a wet
    spring occurs that normal levels
    in Lake Springfield might be
    reached by late 1989 or
    in mid—1990.
    By Condition
    (b)
    the two dams would then have
    to be
    removed.
    A drought subsequent
    to removal, say
    in 1991, would
    bring back the
    instant situation of low water
    levels.
    The dams
    would have
    to be re—installed and some $2,000,000 or more of
    taxpayers’ money would
    then be wasted (removal costs plus re—
    installation costs).
    We
    feel that Condition
    (b) should have been deleted leaving
    only Condition (h), which recites the statutory 5—year
    limit,
    as
    determinative.
    On October
    19, l~88Mr.
    Daniel
    3. Goodwin,
    P.E.,
    consulting environmental engineer and former IEPA division
    manager, made this same point on behalf of the Greater
    Springfield Chamber of Commerce
    (R.
    431-2).
    The second matter
    is the sweeping precedent of
    this
    proceeding.
    The Board here has stated that dams,
    if the cause of
    low dissolved oxygen,
    require variances.
    Illinois has many dams
    on its rivers,
    including those along the Illinois and Mississippi
    Rivers.
    Are the owners of all
    of those dams now required by this
    precedent
    to obtain variances
    if
    their dissolved oxygen levels
    are low?
    Or should
    the Board seek
    a statutory exemption for all
    existing structures?
    93—673
    —2—
    Because of
    these concerns we concur
    Jacob D. Dumelle, PE.
    ichae
    L. Nardulli
    Board Member
    Board Member
    I,
    Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Concurring Opinion was
    submitted on the
    J4~
    day of
    ~
    ,
    1988.
    rn
    Dorothy M.
    Gunn, Clerk
    Illinois Pollution Control Board
    93—674

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