ILLINOIS POLLUTION CONTROL BOARD
    January 9, 1992
    GALLATIN NATIONAL COMPANY,
    )
    Petitioner,
    v.
    )
    PCB
    91—156
    )
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    DISSENTING OPINION (by J. Theodore Meyer):
    I dissent from the majority’s decision in this matter. I
    would have denied Gallatin’s motion for summary judgment, and
    granted the Illinois Environmental Protection Agency’s (Agency)
    motion for summary judgment.
    The crux of the issue raised by these motions for summary
    judgment is whether Gallatin must obtain an adjusted standard for
    constituents in its groundwater where the background levels of
    those constituents exceed water quality standards. I believe that
    35 Ill.Adm.Code 811.320 imposes such a requirement. If we are to
    fulfill the stated purpose of the Environmental Protection Act to
    “restore, enhance, and protect the quality of the environment”, we
    must insist that it is not enough to simply avoid damage to the
    environment. (Il1.Rev.Stat. 1989, ch. 111 1/2, par. 1002(b).)
    Our efforts must include requirements to “restore and enhance”, not
    just “protect”.
    For this reason, I dissent.
    J.VTheodore Meyer
    j
    Board Member
    I, Dorothy N. Gunn, Clerk of tfle Illinois Pollution Control
    Board, here~ycertify th the above Dissenting Opinion was filed
    on the /3~-’ day of
    ________________,
    1992.
    /
    ,‘~
    /
    ~Dorothy M. G~n, Clerk
    Illinois Poliution Control Board
    129—45

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