ILLINOIS POLLUTION CONTROL BOARF

Fobruary

2,

~978

DERBY MEADOWS UTILITY COM2 ~

Petitioner,

v.

HOMEOWNERS’ ASSOCIATION OF

PHEASANT HOLLOW

& DERBY HLLS,

Intervenor

v.

)

PCB 77—153

ILLINOIS ENVIRONMENTAL PROTECTICP

2~GENCY,

Respondent~.

DISSENTING STATEMENT

(by I”~r~ :~~er):

The paramount consideration

in this matte:~,which

seems

to have been lost in a

shu.Zfle of

rocedural tnchn:Lcalities

and obscured by a dense cloud of ~:~rba1

~

:s the plight

of the individual homeowners who need Board help in order

to be able to move into their own homes.

It appears that an elementary human concern and com-

passion for the welfare,

lives and property of those individuals

who are unfortunately caught in the middle of a difficult

situation——-and perhaps even some of the milk of human kindness,

as well--—should mandate immediate Board action to fashion

a reasonable remedy which allows the requisite number of

additional

sewer connections to promptly correct the existi:ig

emergency problems, especially in

light of

the rnanifosLly

minimal environmental impact of such connections.

We feel that the Board should always strive

to do the

right thing-——what

is fair,

just and equitable.

T~:e

c~~l

courage not to duck potentially controversial matte:-s, especially

where ethical considerations play such a crucial role,

is not

only important and desir~’ble-—--itis

a moral imperative.

To deny these homeowners immediate Board help, when such help

is so sorely needed, can only resu

n

travesty on

justice.

C.

Mr

Nels

.

Werne

Mem er of the Board

29—149

---

I, Christ~n C,

of the Illinois Pollution

Control Board,

nel

oove DISSE~ING STATEMENT

was submitted on

tt~

~

l97~,

(

~

:an L. Moff~

Clerk

I

is Pollution

ontrol Board

29

—

150