ILLINOIS POLLUTION CONTROL BOARD

November

6,

1975

CORPS OF ENGINEERS,

)

ROCK ISLAND DISTRICT,

)

Petitioners,

v.

)

PCB 75—265

ENVIRONMENTAL PROTECTION AGENCY,

Respondents.

DISSENTING OPINION

(by Mr.

Dumelle):

My

reason

for dissenting in this case is the apprehension

that the majority decision may delay necessary maintenance now

underway.

The Petition asserts that gates at Lock and Dam 13 were to

be painted between October 6 and December 1,

1975.

After December

1,

1975 and until May 1,

1976 painting was to be performed at Lock

and Dam 15.

In view of the Board decision today in Abitibi

(PCB 75-207)

in which

a variance was granted because photochemical smog would

not occur in these late Fall months it seems

to me that we could

have dealt similarly with the Corps of Engineers.

I would have granted a variance through February

1,

1976.

Necessary maintenance could have gone forward and under Abitibi

no environmental harm would have resulted.

It is even possible

that the Corps could have accelerated its painting to have all

of it done before the Spring 1976 photochemical smog season arrives.

For these reasons,

I respectful

dissent.

Submitted__________________________________

Jacob D. Dumelle

I,

Christan

L. Moffett, Cler

f the Illinois Pollution Control

Board,

hereby certify the above

senting Opinion was submitted on

the

L04”

day of November,

1975.

~4~anL.ote~~

Illinois Pollution C

ol Board

19—245