ILLINOIS POLLUTION CONTROL BOARD
    December
    6,
    1991
    IN THE MATTER OF:
    )
    )
    GROUNDWATER PROTECTION:
    )
    REGULATIONS FOR EXISTING AND
    )
    NEW ACTIVITIES WITHIN SETBACK
    )
    RES
    91-1
    ZONES
    AND
    REGULATED RECHARGE
    )
    R89-5
    AREAS
    (35 ILL.ADM.CODE 601,
    )
    (Rulemaking)
    615,
    616
    and 617)
    )
    (“TECHNICAL STANDARDS”)
    )
    CONCURRING OPINION
    (by J. Theodore Meyer):
    I fully agree with the action taken by the Board in refusing
    to withdraw or modify its groundwater protection rules in response
    to the objection by
    the Joint
    Committee on Administrative Rules
    (JCAR).
    I concur only to express some additional thoughts.
    While
    I
    served
    as
    a
    state representative,
    I
    voted
    for the
    creation
    of
    JCAR.
    I
    continue to believe
    that JCAR serves
    an
    important
    purpose
    in
    reviewing
    the
    rules
    of
    administrative
    agencies.
    As a former legislator,
    I believe that I understand how
    legislators think, and their experiences in dealing with differing
    interest.groups.
    A legislator is able to base his or her decision
    on anything he or she believes is relevant.
    However,
    I must point
    out that the Board has a much narrower path to follow in making its
    decisions.
    Pursuant to the Environmental Protection Act
    (Act) and
    the Illinois Administrative Procedure Act
    (APA),
    this Board can
    only base its rulemaking decisions on information in the record of
    the rulemaking.
    The information in that record must be obtained
    through the notice, comment, and hearing process established by the
    Act and the APA.
    If certain information is not properly placed in
    the record, the Board cannot base its decision on that information,
    regardless of the content of that information.
    These are the rules
    which the legislature has established,
    and the Board must follow
    them.
    Finally,
    I reiterate the Board’s position that these rules are
    consistent with the statutory mandate of the Groundwater Protection
    Act.
    For these reasons,
    I concur.
    J. ~P~ieodoreMeyer
    Board Member
    128—22 7
    2
    I, Dorothy N.
    Board, he eby certify
    onthe
    ‘~
    dayof
    Clerk of the Illinois Pollution Control
    above Concurring Opinion was filed
    1991.
    Control Board
    128—228

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