ILLINOIS POLLUTION CONTROL BOARD

June

20,

1991

IN THE MATTER OF:

)

GKOUNDWATER PROTECTION: REGULATIONS)

R89-5

FOR EXISTING

AND

NEW ACTIVITIES

)

(Rulemaking)

WITHIN SETBACK ZONES

AND

REGULATED

)

RECHARGE

AREAS

)

(35

ILL

ADM.

CODE

601,

615,

616,

)

and

617)

)

CONCURRING OPINION (by B.

Forcade):

I

respectfully

concur

with

today’s

action

for

reasons

similar

to

my

concurrence

of

August

31,

1989.

Then,

I

disagreed

with

a

proposal that would require new facilities to remediate to

background conditions, while existing facilities would only be

required to remediate to numerical regulatory standards.

Today’s proposal,

at Section 616.209

(h), specifically

authorizes numerical degradation of groundwater quality up to 50

of

the

applicable

numerical groundwater quality standard by new

sources.

No

specific

provisions

govern

preventive

notification

and

preventive

response

for

existing

facilities,

so

I

assume

they

only

need

remediate to numerical groundwater standards.

I

continue

to

believe

that

remediation of groundwater

contamination

should

be

mandated

at

any

statistically

significant

increase over background.

The remediation provisions of this proposal are too weak in

terms of providing notification of contamination to the public

(including

adjacent

water

well

owners

and

users),

and

allowing

them

to

comment

on

proposed

remediation.

Accordingly,

I

concur.

Board

Member

---

2

I, Dorothy N. Gunn,

Clerk of the Illinois Pollution Control

Board,

hereby certify that the above Concurring Opinion was filed

on the

~‘~‘~—

day

of

___________________,

1991.

Dorothy

M.4~unn,

Clerk

/

Illinois P~llutionControl Board