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

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