ILLINOIS POLLUTION CONTROL BOARD
    January 24, 1991
    ELCO INDUSTRIES, INC.,
    )
    )
    Petitioner,
    )
    )
    v.
    )
    PCB 91-15
    ) (Provisional Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    )
    CONCURRING OPINION (by B. Forcade and J.Theodore Meyer):
    We agree with the action taken today in granting this
    provisional variance, but would have added language to the
    Order explaining the function we see the Board performing in
    these decisions. Since that language is not present in the
    Order, we concur.
    The Environmental Protection Act describes the
    provisional variance process at Section 35(b):
    The Board shall grant provisional
    variances, only upon notification from the
    Agency that compliance on a short term
    basis with any rule or regulation,
    requirement or order of the Board, or with
    any permit requirement would impose an
    arbitrary or unreasonable hardship. ...
    (Emphasis Added).
    Pursuant to this statutory language, the General Assembly has
    not empowered this Board to deliberate the environmental
    consequences of the provisional variance or review the merits
    of the Agency decision.
    Bill S. Forcade
    J. Theodore Meyer
    Board Member
    Board Member
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution
    Control Board, hereby certify that the above Concurring
    Opinion was filed on the
    day of
    ,
    1991.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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