ILLINOIS

POLLUTION

CONTROL BOARD

October 28, 1976

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB

75—267

TERMINAL RAILROAD ASSOCIATION OF

ST. LOUIS,

a Missouri corporation,

Respondent

CONCURRING STATEMENT

(by Mr.

Durnelie):

I would not have entered an Interim Order

and Opinion in this

cause but would have made

a final order and

opinion.

The noise reductions are 20 to

25

dB

which are very

substan-

tial attenuations.

If in

fact a violation

still exists then the

Respondent is liable

to

further prosecution.

The difficulty

seems to lie in the F~eard?s

accepting the

stipulation which states that ~proven

teehnology

does not exist”,

This

is a legal conclusion which is only for

the Board to render

in

a proceeding~

Just

as

we do not accept

other

types of stipu-

lations which infringe upon the Board’s

prerogatives so,

too, could

we have done so in

this

case~

A simple disclaimer of this portion

of the

stipulation would

have been sufficient.

24

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123

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—2—

I, Christan

L.

Moffett,

Clerk of the Illinois Pollution’ Control

Board, here~’certify the above C ncurring Statement was submitted

on the

/.).

day of

I)

,

Christan L~Moffet

Illinois Pollution

ntrol Board

24

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