ILLINOIS POLLUTION CONTROL BOARD
    November 20, 1997
    GEORGE CASANAVE,
    )
    )
    Complainant,
    )
    )
    v.
    ) PCB 97-84
    ) (Enforcement - Land - Citizen)
    AMOCO OIL COMPANY,
    )
    )
    Respondent.
    )
    CONCURRING OPINION (by R.C. Flemal):
    I agree with the majority that this matter should be dismissed. However, I believe that
    there is a different, and overriding reason for dismissal. That reason is the Board does not have
    authority to grant the requested relief, and hence this matter should be dismissed as frivolous.
    I do not believe that jurisdiction for the Board to hear private cost-recovery actions is
    explicit in the Environmental Protection Act, as it must be for the Board to exercise jurisdiction.
    Moreover, I am persuaded that the recent decision of the 1st District in
    NDB Bank and Klairmont
    Enterprises, Inc. v. Krueger Ringier, Inc.
    (No. 1-95-2897, 1997 Ill. App. LEXIS 700 (1st Dist.
    September 30, 1997)) compels the Board to retreat from its prior position on this issue.
    For this reason, I concur.
    Ronald C. Flemal
    Board Member
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above
    concurring opinion was submitted on the 21st day of November 1997.
      
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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