ILLINOIS POLLUTION CONTROL BOARD
    August 8, 2002
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    OAK TERRACE SANITARY SYSTEM
    INC., an Illinois not-for-profit corporation,
     
    Respondent.
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    PCB 03-4
    (Enforcement - Water)
     
     
    DISSENTING OPINION (by W.A. Marovitz):
     
    I respectfully dissent from the Board’s opinion and order issued today. I disagree with
    the assessed penalty.
     
    Respondent admits constructing a sewer connection with a permit. Consistent with my
    dissent in today’s decision in People v. Crier Development Company and Bradley S. Cowell,
    PCB 96-256 (August 8, 2002), I note that in creating the Environmental Protection Act, the
    General Assembly stated that the purpose of the Act was, among other things “to assure that
    adverse effects upon the environment are fully considered and borne by those who cause
    them.” 415 ILCS 5/2(b)(2000)
    amended by
    P.A. 92-0574, eff. June 26, 2002. By
    constructing a sewer connection without a permit, respondent put the environment and the
    well-being of the citizens of Illinois at risk. Respondent’s failure to get a construction permit
    is a major violation of our environmental laws a
    nd could have caused great environmental
    harm.
     
    I would support the People taking a tougher stance on violators who commit such
    flagrant violations of the Act. In this instance, I would support a penalty closer to the
    statutorily authorized amount in Section 42(a) of the Act. 415 ILCS 5/42(a) (2000)
    amended
    by
    P.A. 92-0574, eff. June 26, 2002.
     
    For these reasons, I respectfully dissent.
     
     
     
     
     
    William A. Marovitz
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above dissenting opinion was submitted on August 12, 2002.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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