POLLUTION CONTROL BOARD
    July 15,
    1981
    ALBURN,
    INC.,
    Petitioner,
    v.
    )
    PCB 80—189
    )
    80—190
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    Respondent.
    CONCURRING STATEMENT (by J.D.
    Dumelle):
    My concurring vote on the stay was to highlight the Board’s
    dilemma.
    Album
    states it “is operating the incinerator in an
    environmentally safe manner”.
    (Response to Motion for Clarifi—
    cation, July 13,
    1981,
    p.
    2).
    On July
    9 the Attorney General,
    speaking for the Agency,
    told the Board that environmental harm
    allegations had no place in a permit appeal such as this and
    properly belonged in an enforcement case.
    Thus counsel for the Agency has chosen to remain silent
    on a major concern of the Board’s, namely,
    “is the stay granted
    on May
    1 and June 10 causing harm to the environment or to
    the public?”
    We still do not know.
    I hope that this case will in fact
    be quickly heard and certified to the Board for decision.
    I
    would urge the Attorney General to seek an injunction promptly
    in Circuit Court if environmental harm is in fact being caused
    by the Board’s stay or to come back before the Board.
    The Board can’t deal with silence.
    It must weigh the
    equities which are stated.
    But let us all keep the public
    health and public interest foremost in our actions.
    c
    ~.
    )
    n~)~
    J~&cobD. Dumelie
    /
    ,~hairman
    I, Christan
    L. Moffett, Clerk of the Illinois Pollution
    Control Board,
    hereby certify that the above Concurring Statement
    was filed on the
    ~
    day of
    ,
    1981.
    Illinois Polluti
    43—45

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