ILLINOIS POLLUTION CONTROL BOARD
August 5, 1976
LEONARD C. TRIEM, d/b/a TRIEM
)
INDUSTRIAL BUILDING OPERATIONS,
Petitioner,
v.
)
PCB 76—32
ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
DISSENTING OPINION (by Mr. Young):
I respectfully dissent from the Opinion and Order of the
Board in this matter.
While the Board was able to find that the hardship alleged
was not self—imposed, little supporting evidence exists for
this conclusion. Petitioner has owned and operated this site
for 29 years. While it is true the Board’s Solid Waste Rules
have been in effect for only three years, the Department of
Public Health had almost identical final cover requirements in
existence many years before the adoption of
our
Rules. Thus,
even though the Petitioner seems to be presently making a belated
effort to comply, no satisfactory explanation is given why the
final cover was not timely applied in accordance with the regu-
lations. Without such an explanation, the petition appears to
be fatally defective. While the substantial attempts to comply
presently undertaken by Petitioner would carry some weight if
presented in mitigation in an enforcement proceeding, these
belated efforts are entitled to little weight in a variance
proceeding.
games L. You
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby ,certify the~abov~Dissenting Opinion was
submitted on the
______
day of
1976.
Illinois Polluti
Board
23
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235