ILLINOIS POLLUTION CONTROL BOARD
    February 4, 1988
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Petitioner,
    v.
    )
    PCB 85—136
    NAVEM PATEL, ERIC OTTEN,
    CLARENCE MITCHELL, and
    3.
    B. JOHNSON,
    Respondents.
    CONCURRING OPINION (by J. Theodore Meyer):
    I concur in the findings of violation and the amount of the
    penalties imposed by the majority. However, I must once again
    voice my concern about the manner in which penalties for
    violations of the Environmental Protection Act (Act) are set by
    the Board. There are no standards set forth by which the Board
    can act to impose penalties in a somewhat consistent manner,
    other than an instinctive weighing of the circumstances of a
    particular case. I recognize that the articulation of such
    standards is a difficult task, but I feel that an attempt must be
    made. At a minimum, the guidelines of Sections 33(c) and 42 of
    the Act should be explicitly applied to the facts of each case.
    J.WTheodor Meyer
    Board Member
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Concurring Opinion was filed
    on the /tr~ day of
    _________________,
    1988.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
    86—37

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