ILLINOIS POLLUTION CONTROL BOARD
    August 21, 1997
    DAYTON HUDSON CORPORATION,
    )
    )
    Complainant,
    )
    )
    v.
    )
    PCB 97-134
    )
    (Citizen Enforcement - Land)
    CARDINAL INDUSTRIES, INC., and
    )
    DANIEL E. CARDINAL, JR.,
    )
    )
    Respondents.
    )
    DISSENTING OPINION (by R.C. Flemal):
    I believe that jurisdiction for the Board to hear cost-recovery actions is not as explicit in
    the Act as the majority would have it. On this basis, I do not believe that it is appropriate for
    the Board to impose itself into an area that has been exclusively within the authority of the
    courts.
    For this reason, I dissent.
      
    Ronald C. Flemal
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above dissenting opinion was submitted on the 22nd day of August, 1997.
      
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
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