ILLINOIS POLLUTION CONTROL BOARD

September 20,

1979

IN

THE

MATTER

OF:

AMENDMENTS

TO

THE

PROCEDURAL

RULES

R79—9

DISSENTING OPINION

(by Mr. Werner):

It seems somewhat unfair to place a new legal and procedural

burden on those individuals or corporate entities who request help

from the Board via

a variance petition.

Often, variance petitioners are individuals or corporations of

limited financial means and nonexistent legal expertise;

small or

medium-sized businesses struggling for economic survival and unschooled

in legal technicalities;

small towns whose hiring of special counsel

and consultants impose substantial costs on them;

local sanitary dis-

tricts or public water supplies with limited funding closely tied to

a limited homeowner tax base; and other similarly situated parties.

In his original proposed Opinion of August

9,

1979, Chairman

Jacob

ID,

Dumelle stated:

“The Board

...

believes the Agency

is better equipped

to keep abreast of Federal developments than the vast

majority of variance petitioners

in Illinois.”

Chairman Dumelle’s original position on this issue appears to

have validity, and there seems to be no compelling reason to change

this position.

Respectfully submitted,

I, Christan

L. Moffett, Clerk of the Illinois Pollution Control

Board, her~ycertify tha~~h~~o

e Dissenting Opinion was submitted

on the _________day of

____________________

_________

____________________,

1979.

ristan L. Mottei

Illinois Pollution

Cl

~rner

35—437