ILLINOIS POLLUTION CONTROL BOARD

September 15,

1982

CITY OF SPRINGFIELD,

)

Petitioner,

v.

)

PCB 82—113

PROVISIONAL VARIANCE

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

CONCURRING OPINION (by J. Anderson and J.D. Dumelle):

We concur in this matter because the situation for which

variance was granted appears to have been predictable and

forseeable.

The

Illinois Environmental Protection Agency Recommendation

points out that the surge lagoon “sludge was building faster than

anticipated.”

It also mentioned previous diversions

to Lake

Springfield in May 1980 and May 1981

(Rec.

p.2, No.

5) in order

to clean this lagoon.

Thus it appears that the Petitioner could reasonably have

foreseen that another diversion would be needed in 1982 and have

applied through the conventional variance procedure.

Had it done

so the public would have been on notice and might have commented

on the merits of allowing the diversion as against incurring the

estimated expense of $5,640.

The Illinois Environmental Protection Agency seems not to

explicitly have considered the effects of bottom deposits,

if any.

Using 225 mg/i as the total suspended solids

level and a discharge

of 3,000,000 gallons per day, the weight of the solids discharged

would be 5,631

lbs. per day.

For the 5—day period of the

variance’, some 28,155 lbs. would be released.

What is the effect

of this 14—ton discharge upon bottom—dwelling organisms?

The

Illinois Environmental Protection Agency Recommendation is silent.

The instant variance seems borderline so far as meeting the

intent of the General Assembly in adopting the provisional variance

statute.

Its need was certainly predictable, and it should better

have been processed with the particip

n of the public.

Joan Anderson

(~fl~2~

g~ma~ Dumel.e

Board

48-195

---

2

I, Christan L.

Moffett, Clerk of the Illinois Pollution

Control Board, here~certify that the

above

Concurring Opinion

was filed on the

/~~-

day of

_____________________,

1982.

Christan L.

of ett,

rk

Illinois Pollution

rol Board

48-196