ILLINOIS POLLUTION CONTROL BOAPD

March 4, 1982

Illinois Department of Corrections

)

(Pontiac Facility),

Petitioner,

v.

)

PCB 81—194

ILLINOIS ENVIRONMENTAL PROTECTION

)

AGENCY,

Respondent.

CONCURRING OPINION (by J.D. Dumelle):

My reason for concurring in the dismissal without prejudice

of the instant case has to do with the feeling that the need

for the variance may be moot.

The Pontiac Prison had a prison riot on July 21, 1978

which caused the destruction by fire of the laundry. The

Illinois Environmental Protection Agency now refuses to allow

the rebuilt laundry to be connected to the sewage system.

To me the “disconnection” was wholly involuntary. Capacity

should have been reserved for this essential facility by denying

other permits to hook on to the sewer system.

However, the Illinois Department of Corrections has

not joined other necessary parties in this proceeding and

IEPA has not briefed this issue. The Illinois Department

of Corrections is free to refile a new variance petition and

perhaps the Board can soon decide this case of first impression

after thorough briefs are rece~d from all parties.

Jacob EL Dumelle

Chairman

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, herebj certify that the above Concurring Opinion

was filed on the ~

day of

________________,

1982.

Christan L. Moff~tj?~)Clerk

Illinois Pollution ~bntrol Board

45—479