ILLINOIS POLLUTION CONTROL BOARD
April 8, 1993
PEOPLE OF THE STATE
)
OF ILLINOIS,
Complainant,
v.
)
PCB 92—164
(Enforcement)
BERNIECE KERSHAW, DARWIN DALE
)
KERSHAW
AND DARRELL KERSHAW
d/ b/a/ KERSHAW MOBILE HOME PARK,
)
Respondents.
CONCURRING OPINION (by
3.
Anderson):
I do not take issue with the amount of the penalty, given
the long standing and egregious violations in this case.
However, I would have preferred to have found the respondents in
violation in an interim order and, prior to issuing a final
order, asked that the issue of penalty amount and other remedies
be briefed, with particular reference to Section 42(h) of the
Environmental Protection Act (Act), and especially 42(h)(3),
economic benefits accrued. (See e.g., People of the State of
Illinois v. Chem-Plate Industries, Inc (January 21, 1993), PCB
92—68.)
We have had past difficulties on appeal with our penalty
amounts. I would like to avoid that risk here in this summary
judgement setting by our making a special effort to allow the
parties to address the Section 42(h) criteria in further detail.
It is for this reason that I concur.
G. Anderson
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certifyjhat the above concurring opinion was
submitted on the
~ u’—’
day of
___________________,
1993.
~~
Dorothy N. Gur(~i, Clerk
Illinois Polj~tionControl Board
0 L~I
-0079