ILLINOIS POLLUTION CONTROL BOARD

January

27,

1983

GREP~TERPEORIP~S~NIT~RYDISTRICT,

Petitioner,

v,

)

PCB 83~l2

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

CONCURRING OPINION

(by J.

Anderson):

This provisional variance request

to eliminate a current

emergency

(Ex. A),

as well as the Agency recommendation,

appears

to address what may turn out to he

a longer term groundwater

problem not specifically related to the abnormally severe rains

thatcaused the river to crest to its third highest historical

level.

Also,

this record indicates that there may have been

some misunderstanding regarding the scope of the emergency

relief available with the provisional variance.

In order to avoid confusion,

I believe

it

is appropriate

in this case to alert the petitioner to the fact that this

provisional variance procedure

(which bypasses the public’s

access to prior notice and opportunity for formal hearing)

is

reserved for use to cope with short

term problems that should

be fully remedied within 45

days,

with a “backstop” extension

of up to a total of

90 days

in any calendar year.

It should

not be viewed as

a repeatedly available substitute

for the

regular variance and other procedures which serve to provide

proper forums to thoroughly address any inherent and recurring

groundwater problems that may exist with the lagoon system.

7

7/

)

&!

-~

-

~

J ~

~

Joan G.

Anderson

Board Member

I,

Christan

L. Moffett,

Clerk of the Illinois Pollution

Control Board, here~y~certifythat the above Concurring Opinion

was filed on the

3~,

day of

_____

,

1983.

______

i

Christan

L. Mof

e’~t,

Clerk

Illinois Pollution’~Control Boar~5

51-79