ILLINOIS POLLUTION CONTROL BOARD

July 19,

1984

QUAKER OATS COMPANY,

Petitioner,

v.

)

PCB 83-107

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent~

CONCURRING OPINION (by

J,.

D.

Dumelle):

The Board majority opinion seems to partly

base

the denial

of the instant variance upon a reference to a “retroactive

variance”

(p.

3 of

the Opinion).

The initial petition filed August 5,

1983 requested variance

“for a period of 15 months from the date the Board issues

its

ruling~” That certainly is not a request for a retroactive

variance

The First Amended Petition was filed on January 11, 1984.

The period requested was from “the present” until May

1,

1984.

Thus

it appears that the amended petition was requesting variance

for the January 11,

1984 through May

1,

1984 period0

I do not feel

that because the Board, with its own workload

problems, did not decide this

case

sooner that the “retroactive

variance” doctrine should be given

arty substantial weight0

The

case appears on the Board~sApril

19 “pending” list but was

not decided until fully three months later.

~

Chairman

I, Dorothy M.

Gunn, Clerk(of the Illinois Pollution

Control Boa~:d~hereby certify ~at

the ~ove

Concurring Opinion

was filed on the

~

day of

______,

1984w

Dorothy M.

unn, Clerk

Illinois Pollution Control Board