ILLINOIS POLLUTION CONTROL BOARD
    September 20, 1985
    VILLAGE
    OF MINOOKA,
    )
    )
    Petitioner,
    )
    )
    v.
    )
    PCB 85-100
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    DISSENTING OPINION (by J.D.
    Dumelle):
    The Board majority, by a 4-3 vote, has granted a
    13-~month
    variance beyond January 12, 1986.
    The health consequences of this variance grant are that
    additional bone cancers or leukemias may be induced, The Board
    instead should have dismissed the instant variance as moot in
    light of the enactment of R85-14 on August
    15,
    1985.
    There are two major problems with granting this variance.
    First, there may be no hardship existing after January
    12,
    1986. The single potential developer may well have been granted
    all of its needed permits by that date.
    What then is the
    hardship after that date until March 20, 1987? It is
    simply
    speculative.
    Second, the Board majority here relies on the Aurora
    testimony of July
    11
    and completely neglects the later filings
    and testimony
    in
    R85-14,
    The August 2, 1985 issue
    of
    the
    Journal
    of the American Medical Association carried
    a
    major articl~
    t~t1.ed “Association of Leukemia With Radium Groundwater
    Contamination”.
    (See Dissenting Opinion in R85—14 by J.D.
    lT)un~ile which discusses its import.)
    This Board can
    consider
    material in its own
    rulemakings. Yet here the Board majority has
    cyiosen to put on blinders and not look
    at
    a record developed
    before it on the identical
    subject.
    Since the August 15, 1985
    enactment of R85-14, :idditional
    important
    exhibits
    have gone into that proceeding.
    One exhibit
    ~rom Dr. Edward
    J.
    Calabrese’s
    book shows absorption approaching
    100
    in infants which directly contradicts
    Dr. Toohey’s use of a
    20 absorption factor.
    Another exhibit is a Canadian study of
    ~‘ater consumption which refutes Dr. Toohey’s use of
    one liter per
    day and indicates that the conventional two liter per day figure
    is
    the more accurate and better figure to use.
    These two later exhibits were
    not in the instant
    variance
    65-535
    -2-
    record, The Board majority should have denied the instant
    variance as moot, called attention to these new and important
    exhibits and asked that any new filings consider and discuss
    their import.
    Finally, the U.S. Environmental Protection Agency is
    expected to issue its re~evaluationof the radium standard this
    month. The “dismissal as moot” order, if enacted, would have
    bought time to receive and consider the latest scientific opinion
    from that agency.
    I would urge the public officials of Minooka to examine the
    scientific articles discussed above, In view of the far higher
    absorption rates for infants (400) and thus the possible danger
    of inducing leukemia
    or cancer in children I would urge that only
    low-radium
    water (bottled or softened
    water) be given to children
    or to pregnant women, Finally I would urge
    Minooka to obtain a
    low-radium water supply as soon as possible.
    I, Dorothy M. Gunn, Cl~ of the Illinois Pollution Control
    Board, hereby certify that the above Dissenting Opinion was filed
    on the
    / ~U-
    day of
    ~
    Illinois Pollution Control Board
    LI,
    airman
    65~536

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