ILLINOIS

POLLUTION

CONTROL

BOARD

October

3,

1972

JOHNW.

BENDER

v.

)

PCB

72-324

ENVIRONMENTAL

PROTECTION

AGENCY

)

CONCURRING OPINION

(by Mr.

Dumelle)

My reasons

for

voting

for

the

grant

of this

variance

to

connect

a

completed

house

to

an overloaded

sewer

system

are

different

than those

of

the

Board

majority.

The

house

is

complete

and

if

required

to

remain

empty

would

impose

a

severe

hardship

upon

Mr.

Bender.

That

is

the

long

and

short

of

it,

(See

Dissenting

Opinion

in

Mark

E.

Cook

v.

EPA,

PCB

72-178,

August

29,

1972.

The

Board

majority

constructs

a new

theory

of

reliance

upon

which to base

its

grant.

I believe

one

could

argue

just

as

well that

most

substantial

sewage

treatment

plant

changes

normally

take

from

24

to

30

months

to

accomplish

from

start

to finish.

Thus

Mr.

Bender

should

have

added

these

periods

of time

to

the

initial

ban date

of

March

31,

1971

resulting

in

expected

dates

of

March

31,

1973

at

the

earliest

and

September

30,

1973

at the

latest

and

constructed

his

house

accordingly.

Had

he planned

to start

his

house

later

than

he

did

he

would

not

then

have been

caught

by

the

overloaded

sewer

ban

of

April

21,

1972.

I

agree

with

the

decision

but

for

reasons

of hardship

to

the

individual

and

to

the

neighbors

in having

a life~sinvestment

standing

idle

prey

to

vermin

and vandals,

y

/

/

Jacob

D.

Dumelle

Board

Member

I,

Christan

L.

Moffelt,

Clerk

of

the

Illinois

Pollution

Coi~~rol

Board,

hereby

c~ertifythe

above

Concurring

Opinion

was

submitted

on

the J~day

of

November,

1972,

.4

istan

L.

Moffett,

Cle.

Illifiois

Pollution

Control

5

—

595