ILLINOIS POLLUTION CONTROL BOARD

May 14,

1981

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB

78—136

VILLAGE OF ROCKDALE,

)

Respondent.

CONCURRING OPINION

(by J. Anderson):

I believe that, when considering proposed stipulations in

enforcement cases,

the Board should avoid remedies that include

authorizing specific non—compliance with the Board’s discharge

standards for an uncertain length of time and under circumstances

that variance proceedings are designed to address.

In this specific case, however,

factors such

as

the age of

this case, the compelling need to avoid even more delay

in

upgrading the treatment system and the reasonable showing of hard-

ship tend to offset the notice, justification and deliberation

distinctions between enforcement and variance proceedings.

f/~i

Joan G. Anderson

I, Christan L.

Moffett, Clerk of the Illinois Pollution

Control Board,

hereby certify that the above Concurring Opinion

was filed on the

~~‘‘

day of

‘

,

1981.

(

~

~1~hristanL. Moffet~?/’c1erk

Illinois Pollution vCo~itro1~Board

41—395