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
    235

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