October 6, 1983PEOPLE OF THE STATE OF ILLINOIS,Complainant, PCB 83—83JOSLYN MFG.
On September
19 Joslyn replied, and Herman Zeldenrust joined in thereply.
This
motion is denied.
The complaint alleges violations of the Act and Board
rules arising from open dumping of polychlorinated biphenyls(PCBs) .
Respondents have moved to dismiss on the grounds
that regulation of PCBs have been preempted by the FederalToxic Substances Control Act (TSCA) (15 U.S.C.
§2617), and
that the Board has previously held that Chapter 9 did notapply to PCBs. Section 18(a) of TSCA provides that in general nothingin it “shall effect the authority of any S...
Allowed
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