ILLINOIS

POLLUT ION

CONTROL

~3OAR~

March

19,

1981

PEOPLE OF THE STATE OF

ILLINOIS,

V.

PETER OCCHIPINTI,

Complainants,

Respondent.

PCB

80—112

CONCURRING OPINION

(by 3.

Anderson and J.D.

Dumelle):

While the respondent was hardly the sole contributor

to

the sloppy handling at best

of the permit process evident in

this case,

this is not an acceptable reason to completely

absolve him from sanctions.

Even

a small penalty

would. have signaled the respondent

and others

so inclined that the EPA permit process and its

requirements are not to be taken lightly.

Since this is an enforcement case, not a variance proceeding,

we believe the Board should have,

as

a minimum, specifically

discussed the penalty issue in its opinion.

.1

-:

7

I

Jacob D.

Dumelle

Chairman

I,

Christan L. Moffett,

Clerk of the Illinois Pollution

Control Board, hereby certify that

~he

above Concurri7ng Opinion

was filed with the Board on the

3o

day of

~

1981.

Christan

L.

MoffeX,t, E~erk

Illinois Polluticth Control Board

Joan

G.

Board

Anderson

Member

I,

4

1—87