ILLINOIS POLLUTION CONTROL BOARD
September
30,
1976
ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
WILFORD
E.
(ERNIE)
JOHNSON
)
and NORMA
I.
JOHNSON,
d/b/a
BYRON SALVAGE,
Respondents;
)
PCB
74—471
PCB 76—210
WILFORD ERNEST JOHNSON, and
)
(CONSOLIDATED)
NORMA
I.
JOHNSON,
Complainants,
v.
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY,
Respondent.
CONCURRING
STATEMENT
ON
ORDER
(by
Mr.
Dumelle):
While
I huvo
concurred
in
today’
s
Order
accepting
the case
and
consolidating it,
I
have grave doubts that the Board can fashion
a remedy.
The Board in the Complaint is asked to order the Illinois
Environmental
Protection
Agency
to
“remove
and/or
eliminate
contami-
nants
from
the
site.”
Such
a
remedy,
if
that
is
the final decision
of the Board, could undoubtedly involve
a substantial appropriation
from the Illinois General Assembly.
I am not at all certain that
this
Board
has
the
power
to
order
that
remedy.
23
—
561
—2—
However, this point can be left for later determination and
argument
as the case proceeds.
J cob D. Dumelle
C airman
I,
Christan L.
Moffett,
Clerk of the Illinois Pollution Control
Board, hereby certify
t at the a ove Concurring Statement on Order
was submitted on
,
1976.
Ii
1
1 nO
Pol
1
lit
100
C
ro
1
Ron
rd
23
—
562