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

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—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

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