ILLINOIS POLLUTION CONTROL BOARD

February 4, 1988

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

v.

)

PCB 86—27

MODINE MANUFACTURING CO.,

Respondent.

CONCURRING OPINION (by 3. Theodore Meyer):

I concur in the findings and penalty of the majority

opinion, but 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 out

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

Section 33(c) and 42 of the Act should be explicitly applied to

the facts of each case.

jY

Theodor~J4eyer

Board Member

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereb~y certify th~tthe above Concurring Opinion was filed

on the /O~~-’day of

_________________,

1988.

Dorothy M. unn, Clerk

Illinois Pollution Control Board