ILLINOIS POLLUTION CONTROL BOARD

July 20,

1995

JACK PEASE, d/b/a

)

GLACIER

LAKE

EXTRACTION,

)

Petitioner,

)

PCB 95—112

)

(Permit Appeal

-

Mining)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

CONCURRING OPINION

(by E.

Dunham):

Though I agree with the outcome of this case

(issuance

of

the requested permit),

I believe that the case could have been

decided strictly on factual grounds.

Mr. Bruce Yurdin, the

permit reviewer in this case,

admitted that he did not

specifically research purgeable organic carbon

(POC) when he was

given those results by Glacier Lake Extraction

(GLE).

Had he

reviewed published reports of the Illinois Water Survey,

be would

have known that POC results from GLE are no higher than some

results from drinking water wells in the State.

Considering that POC is a fraction of total organic carbon

that includes

(at least potentially)

those volatile organic

carbon

(VOC) compounds of regulatory concern, Mr. Yurdin could

have conditioned a permit on the further analysis of groundwater

at GLE to prove that VOC was,

or was not, present.

The permit

could further have been conditioned upon cleanup of any

contamination found as a result of sampling.

Given a low probability of harm caused by POC levels

equivalent to drinking water, Mr. Yurdin should have issued the

permit to GLE, with conditions.

For these reasons,

I concur.

Emmett

E. Dunham

II,

Board Member

---

I, Dorothy M.

Gunn,

Clerk of the Illinois Pollution Control

Board, here~certify that ~ti~eabove concurring opinion was filed

on the

c~/

,

day of

________________,

1995.

(2

~,

Dorothy M. 14unn, Clerk

Illinois P~1utionControl Board