ILLINOS POLLUTION CONTROL BOARD

August 18,

1983

METROPOLITAN SANITARY

DISTRICT OF GREATER CHICAGO

Petitioner,

V.

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent

)

PCB 83—110

CONCURRING OPINION (by J.

D., Dumelle):

My reason for concurring in this provisional variance

is that

I believe it

is contrary to the intent of the General

Assembly.

Provisional variances,

I believe, were designed to cover

fast breaking situations

of an unanticipated nature.

Here

we have a

massive

diversion of from 40

-

80 million gallons

of wastewater per day for two days with only primary treatment.

The MSDGC contract for this project was drawn up back in 1977.

A related variance,

PCB 83—72, was filed with the Board

without using the provisional variance mechanism and decided

on July 14, 1983.

The instant case should have been filed

in the same fashion to allow for public scrutiny.

Provisional variances bypass public notice and opportu-

nity for hearing.

They should not be used for situations

such as this where plans were drawn up in 1977 or earlier.

I,

Christan L. Moffett, C~k

of the

Illinois Pollution

Control Board, hereby certify that the above Concurring

Opinion was

filed on the

~

day of)~~E_,

1983.

QL~LG~LJ1Y)

~

Christan L. Moffe~flClerk

Illinois Pollution control Board

~pectful).~zja~,

~acob D,

Dumelle, Chairman

53-263