ILLINOIS POLLUTION CONTROL BOARD

September 23,

1983

CITY OF

EAST PEORIA,

Petitioner,

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY,

Respondent

DISSENTING

OPINION

(by J~D~

My

reason for dissenting is the uncalled~forfinancial

burden

here put

upon the City of East Peoria by the Board majority~

The design

fees required by the majority amount to at least

$100,000

to $150,000 and are probably now not recoverable

through

the Federal

grant program.

The majority

would consider at great length

before

imposing

a penalty

of $100,000 to $150,000 on

a

city of East Peori&s

size.

Yet

here it imposes that same cost with no clear

reason for

doing

so.

I would not have voted for the variance on July 26,

1983

had

I

realized

that the Board intended these design costs to be borne

100

by East Peoria~

East Peoria now can only

(1) refuse to

accept

the variance or

(2) appeal this onerous condition or

(3)

petition

for

a

variance from the July 26,

1983 Board

Order.

The

Board should always

leave municipalities free to

seek

grant funds

and not unilaterally and arbitrarily make them

ineligible

for these funds,

I, Christan

L, Moffett,

C’lerk of the Illinois Pollution

Control

Board, hereby certify that the ab ye

issenting

Opinion was

filed on the ~~~day

of

Christan

L.

Mof/f~t),Clerk

Illinois Pollution Control

Board

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