ILLINOIS POLLUTION CONTROL BOARD
    August
    7,
    1975
    ENVIRONMENTAL PIIOTECTION AGENCY,
    Complainant,
    v.
    )
    PCB 74-94
    GLENN COOPER,
    Respondent.
    INTERIM OPINION AND ORDER OF THE BOARD
    (by Mr. Goodman):
    This matter comes before the Pollution Control Board
    upon the Environ’~nentalProtection Agency’s
    (Agency) March
    14,
    1974,
    complaint against Glenn Cooper for violations of
    Sections 21(a),
    21(b), and 9(c)
    of the Environmental Pro-
    tection Act
    (Act),
    Rules 4.03(a),
    5.03,
    5.04,
    5.06,
    5.07(a),
    5.07(b), 5.09,
    5.1C(a), and 5.10(d)
    of the Rules and Regu-
    lations for Refuse Disposal Sites and Facilities,
    and Rules
    304,
    305(a),
    305(c),
    306,
    308 and 314 of the Board’s Solid
    Waste Regulations.
    These violations allegedly occurred
    from April
    26,
    1971,
    to the date of filing of the complaint.
    On June
    27,
    1974, the parties hereto filed a stipu-
    lation and propo~:alfor settlement which admitted,
    for
    purposes of the settlement only, the alleged violations.
    The parties stipulated
    to the imposition of a penalty of
    $1, 000.
    On August
    8,
    1974,
    the Board rejected said stipulation
    stating:
    We cannot accept this settlement.
    For
    scores of alleged violations,
    any one of
    which could subject an offender
    to a maximum
    penalty of $10,000.00, we are asked to assess
    a penalty of
    $1,000.00,
    upon no more founda-
    tion than blind faith that the parties have
    reached an appropriate figure.
    To do so
    would be an abdication of our responsibilities
    under the Act.
    No mitigation has been shown;
    in
    fact, with our rejection of the Stipula-
    tion, the Record in this matter consists
    solely of the Complaint.
    On October
    8,
    1974, the parties submitted
    a second
    stipulation requesting that
    a penalty of $1,000.00 be im-
    posed.
    The parties state that
    “Mr. Cooper’s ability to pay
    18
    —
    295
    —2—
    is scant.”
    The stipulation states that the landfill ope-
    ated at a loss for the years 1972
    and 1973.
    The Board
    submits that polluting at a
    “net loss”
    is no excuse for
    polluting.
    The final proposition in mitigation, which did
    not appear in the original stipulation,
    relates to the
    Board’s imposition of fines
    in past landfill enforcement
    cases.
    We do not find the argument of “average ~ena1ties”
    persuasive.
    Penalties are assessed as
    a result of several
    factors including those found in Section
    33(c)
    of the Act.
    The average or median penalty assessed in the past is not
    one of those factors, nor
    is the Board bound by the amount
    of penalties
    it has assessed in the past,
    as each case must
    stand upon its own facts.
    ORDER
    It is the Order of the Board that this matter be set
    for hearing within 21 days and held within
    60 days of this
    Order.
    I,
    Christan
    L. Moffett,
    Clerk of the Illinois Pollution
    Control Board, hereby ce~tifythe above Opinio
    and Order
    were ado~edon th~
    7
    ~
    day of
    ~
    1975 by a
    QkIfl~th~
    Christan
    L. Mo~ffe?/Jerk
    Illinois Po1lution~~tro1Board
    18—
    296

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