ILLINOIS POLLUTION CONTROL BOARD
    January 18, 2001
    GILBERTS CITGO L.L.C, an Illinois
    corporation,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY, 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.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 01-50
    (Water Well Setback Exception)
    DISSENTING OPINION (by G.T. Girard and M. McFawn):
    We respectfully dissent from the majority order in this case. We agree with the
    majority that Gilbert’s Citgo L.L.C. (Citgo) has not demonstrated that the proposed installation
    of petroleum storage tanks within the 200-foot setback zone mandated by Section 14.2(a) of the
    Environmental Protection Act (Act) (415 ILCS 5/14.2(a) (1998)) would not pose a significant
    hazard to the respondents’ potable water supply well. However, we disagree on the outcome.
    The record in this case demonstrates that Citgo has not presented “adequate proof . . . that the
    location of the potential source . . . will not constitute a significant hazard to the potable water
    supply well” within the 200-foot setback. 415 ILCS 5/14.2(c) (1998). Therefore, we would
    issue a final order denying Citgo’s petition for a water well setback exception, and closing the
    docket.
    For this reason we respectfully dissent.
    G. Tanner Girard, Board Member
    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 January 2001.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top