ILLINOIS POLLUTION CONTROL BOARD
January 8, 2004
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
ESG WATTS, INC. (Taylor Ridge),
Respondent.
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PCB 01-167
(Enforcement - Land)
DISSENTING OPINION: (by T.E. Johnson)
I respectfully dissent from the Board's opinion and order issued today in this matter. I
agree with the Board’s finding that Watts has violated the Illinois Environmental Protection Act
(Act) (415 ILCS 5/1
et. seq
(2002)) as alleged in the complaint. I also agree with the majority’s
decision ordering ESG Watts Inc. (Watts) to pay attorney fees. However, I feel that the
$1,000,000 civil penalty assessed by the Board is excessive.
Primarily, I do not believe that the complainant presented adequate evidence at hearing or
justification in the pleadings to warrant the imposed penalty. This is not to say that I feel Watts
should not be penalized. Watts has exhibited a past history of noncompliance, and the gravity
and ongoing nature of these violations mandate a substantial penalty. However, I feel the
amount the majority has penalized Watts is unjustifiable. When considering the 42(h) factors
(415 ILCS 5/42(h) (2002)) in light of the evidence before the Board, a significantly lower
penalty is appropriate.
For these reasons, I respectfully dissent.
Thomas E. Johnson
Board Member
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the above
dissenting opinion was submitted on January 9, 2004.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board