ILLINOIS

POLLUTION

CONTROL

BOARD

January

23., 1993

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY,

)

Petitioner,

v.

AC92—5 (A&B)

(ZEPA

No. 63-92-AC)

RONALD D. RAWE and

)

(Administrative Citation)

RETHA

M.

RAWE,

Respondent.

CONCURRING OPINION

(by J

•

G.

Anderson):

I

agree

with Board majority’s decision today to reverse

itself on the question of ownership of

parcels

1 and 2.

However,

I do not wish today’s action to obscure the lingering problem

presented

in

this case, as detailed in the earlier concurring

opinion of October 16, 1992 by me and G.

Tanner

Girard.

The concern remains as regards the

parcel

with the junked

cars that were placed in the ravine long ago for erosion control.

In this situation, the use of the open dumping provisions via the

Administrative Citation process simply frustrates the fashioning

of

a remedy short

of removal of the cars.

Prom a pollution and

erosion control perspective, the

vegetation

and

soil disturbance

resulting from such removal could prove to

be highly

counterproductive, particularly if contamination is no longer a

problem.

It

is. for these reasons that I again respectfully concur.

‘~JoanG. Anderson

Board Keaber

I, Dorothy N. Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certify they..the above co

ring opinion was

submitted on the

C~Y14~

day of

__________________

1993.

Dorothy N. G

,

Clerk

Illinois P0

tion Control Board

0138-05.33