ILLINOIS POLLUTION CONTROL BOARD

November

7,

1985

NATIONAL MARINE SERVICE,

INC.,

Petitioner,

v.

)

PCB 85-108

ILLINOIS ENVIRONMENTAL,

PROTECTION AGENCY,

Respondent.

CONCURRING OPINION:

(by J~Anderson and J. Marlin)

While we support the outcome

in this case,

we have two

concerns regarding the supporting opinion:

1.

The reasoning supporting

the Board’s findings that

National Marine

is not a commercial establishment might also have

included statements

that

a)

the use of

the boiler

is completely

dissimilar

to a boiler used primarily for heating or reheating

furnace systems, and thus is not the sort of device contemplated

by the Section 201.146 exemption, and

b) the Board’s finding

is

buttressed

by the fact that Section 201.146(c), by tying

together

residential with commercial establishments, clearly contemplates

commercial uses more similar

in nature to

residential uses, which

is not

the case here.

2.

The Opinion, when noting that the use

of the term

~marine” can be construed as relating to the “the navigation of

the sea”, might have made clear that,

as that term

as used

in

Section 201,146(c),

it obviously includes inland waters;

otherwise,

the rule would have little meaning

in Illinois.

M~

~oan

G. Anderson, Board Member

J

n C.

Marlin, Board Member

I, Dorothy

M.

Gunn, Clerk of the Illinois Pollution Control

Board,

hereby certify that,~eabove Concurring Opinion was filed

on

the

t~Z~

day of ________________________,

1985.

Dorothy M.

Gunn, Clerk

—____

Illinois Pollution Control Board

68-305