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