ILLINOIS POLLUTION CONTROL BOARD

January

8,

1981

CITY OF STAU!~~ITON,

Petitioner,

v.

)

PCB 80—166

ILLINOIS ENVIRONMENTAL

PROTECTION

AGENCY,

Respondent.

DISSENTING OPINION

(by J.D.

Durnelle):

My reason for dissenting in this matter

is the excessive

delay

in complying with the Board’s Rule 408(a).

This

Rule was to be complied with by December

31,

1973.

In 1981 the Board has now granted a variance to July

1,

1982.

Thus 8½ years of delay will have occurred.

And since

some

6 tons of

solids have been discharged every

6 months,

it

will mean that a total

of 102 tons of chemicals and solids

will have been discharged into the receiving stream over

this

period that might have been prevented.

The City

of Staunton should have applied for

a variance

prior

to December 31,

1973 and not years after the compliance

date had passed.

The date of compliance of July

1,

1977 set in the NPDES

permit appears to be a error on the permit writer’s part.

The NPDES permit cannot,

of course, grant a variance f~rom

Board

rules.

Only the Board can do

this.

Respectfully submitted,

(1

~ (,

C.,

Jacob

D.

Dumelle

I, Christan L. Moffett,

Clerk of the Illinois Pollution

Control Board, hereby certify

tb.at the above Dissenting Opinion

was filed on the

I~/

day of

~

~.

,

1981.

Christan L.

Mofffqtt,

Clerk

Illinois Pollution Control Board

40—269