ILLINOIS POLLUTION CONTROL BOARD
    July 22, 1999
    UNION OIL COMPANY OF CALIFORNIA d/b/a
    UNOCAL, a California corporation,
    Complainant,
    v.
    BARGE-WAY OIL COMPANY, INC., BARGEWAY
    SYSTEMS, INC.,
    JOSEPH KELLOGG, NIELSEN’S BARGEWAY,
    GERTRUDE KELLOGG, ROBERT NIELSEN, ROBERT F.
    ATKINS, and MOBIL OIL COMPANY,
    Respondents.
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    PCB 98-169
    (Enforcement - UST, Citizens)
    DISSENTING OPINION (by R.C. Flemal):
    Although I agree with the legal analysis in today’s majority order, I respectfully dissent from the order
    because I do not believe the Environmental Protection Act grants the Board the authority to hear third-party cost
    recovery cases.
    For this reason, I dissent.
      
    Ronald C. Flemal
    Board Member
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above dissenting
    opinion was submitted on the 26th day of July 1999.
      
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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