ILLINOIS POLLUTION CONTROL BOARD

June 28, 1977

REVERE COPPER AND RA, INC.,

Petitioner,

v.

)

PCB 76—246

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

CONCURRING OPINION (by Mr. Dumelle):

While I agree with the decision I find nothing in this

record that indicates the reason for the long delay by Revere

in fashioning a compliance program.

The Board adopted its Effluent Criteria (R70-8) on January

6, 1972. These standards became effective December 31, 1973.

Now, almost four years after the effective date of this

regulation, we

are

granting a five year variance, presumably

from today’s date. Nothing in this record tells what Revere did,

if anything, in the 1972-73 period after Board passage of the

Effluent Criteria and before its effective date. Is this a

self-imposed hardship? We just do not know and I give Revere

the benefit of the doubt since their Petition is thorough and

well researched.

flRespectfix1~l~~ubmitte

~

Jacob D. Dumelle

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

Board, herebX certify the above Concurring Opinion was submitted

on the

3/~LJ~

day of

___________,

1977.

Christan L. Mo fe~k~Cler

Illinois Pollution Control Board

26-33