ILLINOIS POLLUTION CONTROL BOARD

September 11, 1986

CENTRAL ILLINOIS UTILITY CO.,

Petitioner,

v.

)

PCB 86—53

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

Respondent.

CONCURRING OPINION

(by J.

D.

Dumelle):

My reasons

for concurring

lie

in the length of the variance;

the lack of demonstrated progress under

the previous variance~

and possible Federal complications.

The majority has granted

a five year variance.

I would have

preferred

a three year variance

to make certain that progress

toward compliance

is actually achieved.

The previous variance, PCB 80—234, was granted April 16,

1981.

It required;

(a)

six month communication with IEPA on

fluoride removal techniques,

(b)

a compliance program by January

1, 1984,

(c)

no levels

of fluoride above 4.0 mg/i,

and

(d)

written notice every three months (after June 30, 1981)

to all

users that

a variance had been granted and information on most

recent measured fluoride levels.

Neither the Petition nor the Recommendation mention

compliance with any of these

four conditions.

The record

is

silent and this Board

is uninformed.

If the Petitioner

in fact

filed

a compliance plan by January 1,

1984 why

is

a new date of

March 11,

1988

(18 months after September 11, 1986)

now being set

in the instant case?

Finally,

the matter

of Federal complications

is important.

The majority decision set no upper

limit

for fluoride.

Thus the

Petitioner legally is not under

the Safe Drinking Water Act

standards for fluoride.

The Agency,

in its Recommendation at

Paragraph

14 stated,

“As a result,

the requested variance may be

granted

in

a manner consistent with federal law provided that the

Board’s Order specify that fluoride levels not exceed 4.0

mg/i.”

This was not done.

acob D.

Dumelle, P.E.

Chairman

72.269

---

—2—

I, Dorothy M.

Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the4~~~çoncurring

Opinion was filed

on the

_____________

day of

-~u~’1986.

Dorothy M.

G~mnn,Clerk

Illinois Pollution Control Board