ILLINOIS POLLUTION CONTROL BOARD

September

1,

1977

ED WILLING,

d/b/a LONE PINE GUN CLUB,

)

Petitioner,

v~.

)

PCB 77-91

ENVIRONMENTAL PROTECTION

AGENCY,

Respondent.

CONCURRING OPINION

(by Mr. Dumelle):

I do not agree that the cease and desist order adopted

today in PCB 76-311 is exactly the same as a variance.

A

variance is an absolute shield from prosecution.

The cease

and desist order is not.

Thus the instant variance is not moot and should have

been decided upon its merits.

Respectfully submitted,

n

ç

1/

if?

~1:

i~t~

Jacob D. Dumelle

I, Christan L. Moffett, Cle~r1~of the Illinois Pollution

Control Board, hereb~certify the above Concurring Opinion was

submitted on the~

day of

,

1977.

Christan L. Moff

,

Clerk

Illinois Polluti

ontrol Board

~26

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