ILLINOIS POLLUTION CONTROL BOARD

August 22,

1984

RUSS

AND

HAZEL

TREAT,

)

Complainants,

)

PCB 84~94

ILLINOIS

RADIATOR,

)

Respondents

DISSENTING OPINION (by J~Theodore Meyer):

I am dissenting from the Order which dismissed this case

without prejudices

for the following reason~ The Board ordered

IEPA

to investigate the complaint and to report back to the Board

IEPA~sdisposition of Treat~scomplaints

Although Rule lOLIlO

provides that the Clerk shall send a copy of the

complaint to the

Agency, and request a response to the Board,

I am

of the opinion

that this rule oversteps the jurisdiction and authority of this

Boarth

This Board does not have statutory authority

to order

IEPA to investigate a complaints and then have the

IEPA report

back to this Board and have this Board judge the results of

IEPA~sactions

We might find ourselves

in the

position of ordering

the IEPA to file an enforcement action where the IEPA and the

Attorney General did no feel that that action would

be warranted~

~he

Board

I, Dorothy M0

Gunn, Clerk of the

Illinois Pollution Control

Board hereby certify that the above Opinion was filed on the

~~day

of

1984e

~hyM~Gn,cer

Illinois Pollution

Control Board

59~,445