ILLINOIS POLLUTION CONTROL BOARD
    November 19, 1982
    DEPARTMENT OF THE ARMY,
    Petitioner,
    v.
    )
    PCB 82—136
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    Respondent.
    CONCURRING OPINION (by I. G. Goodman):
    Although I agree with the Board Opinion and Order entered in
    this matter today that the Board must grant this Provisional Vari-
    ance pursuant to Title IX of the Illinois Environmental Protection
    Act, I do not believe that the Board is forced to rubber stamp
    Agency conditions attached to the grant of the Provisional Variance
    which it would not allow in a regular variance proceeding.
    Specifically, Conditions 5 and 6 do not pertain, by any stretch
    of the imagination, to this Provisional Variance. Condition 5
    demands that the Petitioner submit a log of all dredging on the
    Illinois River since the year 1927, noting the frequency and method
    of dredging, the quantity of material dredged and the method of
    disposal, and any analysis of the material that is available.
    Condition 6 calls for Petitioner to sample the sediments at sites
    designated by the Agency pursuant to the results of Condition 5
    and, if sediments fail to pass the Agency testing requirements,
    to begin planning for the location, development and construction
    of a confined disposal facility. Conditions 7 and 8, although
    arguably related to the present variance, are likely also immaterial
    to this proceeding. These conditions, if presented by the Agency
    in a normal variance proceeding, would undoubtedly be rejected by
    the Board as immaterial to the variance and outside the admittedly
    broad powers of the Board with regard to variance conditions.
    If the Agency is allowed to continue this practice, the range
    of conditions imposed on provisional variances could reach absurd
    proportions. I do not think it was the Legislature’s intention
    to allow this abuse and I do not believe it o be continued.
    Irvin G. Good n, oard Member
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereb~)certify that the above Concurring Opinion
    was filed on the
    ~
    day of/),~LL~~.._~
    ,
    1982.
    ~ristan L. Mo~~’tt,Clerk
    Illinois Pollution Control Board
    49-329

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