ILLINOIS POLLUTION CONTROL BOARD

December 16,

1993

PERMATREAT OF ILLINOIS, INC.,

)

Petitioner,

)

v.

)

PCB 93—159

(Permit Appeal)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent.

CONCURRING OPINION (by 3. Theodore Meyer):

I concur with the majority opinion.

I agree that the record

does not support a finding that the crack in the concrete drip

pad existed in 1991.

I believe that this issue is essential in

determining whether conditions

6 and 7 are necessary.

This

permit seeks the RCRA closure of a “waste pile” that was removed

in 1991.

(R. at

4, 9—18.)

If that crack did not exist in 1991,

any contamination that might be found under the drip pad cannot

have come from the 1991 “waste pile”.

Determining whether the

drip pad is impermeable now

(in 1993 or 1994)

sheds no light on

whether the pad was impermeable in 1991, when the “waste pile”

existed.

Thus,

in the context of this RCRA closure permit,

I

agree with the majority that conditions

6 and 7 are not

necessary.

However,

I concur to express my concerns regarding possible

contamination at this facility.

It does appear that there was a

crack in the drip pad in 1993,

leading to questions of whether

there may now be contamination under the pad.

I believe,

however, that this issue needs to pursued in the context of an

enforcement or other appropriate action, not in a RCRA closure

permit for the 1991 “waste pile”.

In other words, while

I agree

with the majority that conditions

6 through

9 are not necessary

in this RCRA closure permit,

I am concerned about the overall

environmental status of this facility.

For these reasons,

I concur.

a.

Theodore Meyer

Board Member

---

2

I, Dorothy M. Gunn,

Clerk of the Illinois Pollution Control

Board,

hereby certify that the abov

concurring opinion was

submitted on the

~27~-’~

day of

_______________,

1993.

~L.

Dorothy M./~unn,Clerk

Illinois ¶~2lutionControl Board