ILLINOIS POLLUTION CONTROL BOARD
    April 19, 2001
    GILBERTS CITGO L.L.C, an Illinois
    corporation,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY and WHEELING
    TRUST & SAVINGS BANK a/k/a COLE
    TAYLOR BANK, successor trustee, as
    trustee under Trust No. 73-314 and JOHN
    CAPORASO, as beneficiary of Trust No. 73-
    314,
    Respondents.
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    PCB 01-50
    (Water Well Setback Exception)
    DISSENTING OPINION (by M. McFawn):
    In its Supplemental Petition for a Water Well Setback Exception filed on March 15,
    2001, petitioner Gilbert’s Citgo, L.L.C., committed to installing double hulled underground
    storage tanks equipped with “state-of-the-art leak detection program.” Am. Pet. at 4. That
    leak detection system includes two continuously monitored tank field-monitoring wells, as well
    as other leak detection devises described at page 7 of the majority opinion and petitioner’s
    Exh. H and I. Petitioner made this commitment to support its obligation under the
    Environmental Protection Act (Act) to utilize the best available technology. 415 ILCS
    5/14.2(c) (1998). Am. Pet. at 4. The order attached to the majority’s opinion should have
    required that the petitioner install and maintain the system described in its amended petition.
    Such an order would insure that the petitioner implements and maintains the best available
    technology to which it agreed, thereby satisfying the Board’s expectation and the Act’s
    requirement that the technology employed minimizes the likelihood of the neighboring potable
    water well being contaminated by petitioner’s business. The order fails to include such a
    requirement. Therefore, I respectfully dissent.
    Marili McFawn
    Board Member
    2
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above dissenting opinion was submitted on the 23rd day of April 2001.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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