ILLINOIS POLLUTION CONTROL BOARD
    January 18,
    1991
    GALLATIN
    NATIONAL COMPANY,
    )
    )
    Petitioner,
    v.
    )
    PCB 90—183
    )
    (Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    DISSENTING OPINION
    (by J.D. Dumelle):
    This Board adopted the landfill regulations at issue here on
    August 17, 1990.
    They became effective on September 18,
    1990.
    The
    major
    thrust
    of
    any
    landfill
    rule
    is
    to
    prevent
    groundwater contamination.
    To do this it was determined that the
    background levels of certain substances be measured for at least
    four quarters Section
    812.317(1)).
    The majority here gives
    variance from the Board’s new and
    “model” rules to the State’s newest and largest landfill.
    Let me
    pose a hypothetical.
    Suppose the missing fourth quarter sample
    (to
    be taken late in May,
    1991)
    shows
    some constituent in excess of
    drinking water
    quality standards.
    Would it then be
    sensible to
    even locate the landfill at this site thus possibly adding to the
    groundwater levels of that parameter?
    The point
    is that the four quarters of background data
    also rightly influence the threshold question of whether or not to
    even
    grant
    a
    landfill
    permit
    at
    the
    site
    in
    question.
    Once
    variance is granted as done here,
    then the Agency is helpless to
    use this data when received to deny the permit.
    The majority has
    thus made a leap of faith that all will be well with that fourth
    quarter
    sample.
    Note
    that
    a
    May
    sample
    comes
    in
    the
    high
    precipitation Spring season.
    The majority’s action may not in fact speed up construction
    of this landfill.
    As pointed out by Douglas Keats,
    a wetlands
    permit must also be obtained from the U.S. Corps of Engineers
    (R.
    51).
    Thus the impetus for the variance (“to save one construction
    season”) may vanish if the Corps of Engineers takes a great deal
    of
    time.
    Various articles have appeared recently describing
    a
    chaotic state in federal wetlands policy.
    This opinion
    is being written late because
    of
    intervening
    surgery.
    An
    April
    2,
    1991
    story
    in
    the
    Chicago
    Tribune
    by
    Stevenson Swanson tells of the Agency’s April 1st permit approval
    118—113
    2
    for the subject landfill.
    But the article goes on to relate that
    the wetlands determination has yet to be made by the Corps
    of
    Engineers.
    And the rejection of a wetlands permit by the Corps for
    the Bartlett landfill in Northwest Cook County is also described.
    I
    would have adhered to the rule’s
    requirements
    for
    four
    quarters of background data.
    acob D. Dumelle, P.E.
    Board Member
    I,
    Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board
    hereby
    certify
    hat
    the
    above
    Dissenting
    Opinion
    was
    submitted on the
    /
    day of
    ________________,
    1991.
    Dorothy M. Gi~n,Clerk
    Illinois Pollution Control Board
    118—
    114

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