ILLINOIS POLLUTION CONTROL BOARD
    July 18, 1996
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    MATERIAL SERVICE CORPORATION,
    a Delaware corporation,
    Respondent.
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    PCB 96-253
    (Enforcement - Mine)
    DISSENTING OPINION (by J. Theodore Meyer):
    I dissent in this matter to mention that I have noticed disparate amounts in civil
    penalties being imposed by the Attorney General. Specifically, in this case, Material Service
    Corporation agreed to pay $5,000.00 for failing to obtain both a state mining construction
    permit and a state mining operating permit. This same day, a $10,000 penalty was imposed
    upon a landfill owner for various violations to its operating permit, including failure to contain
    litter and failure to control leachate flow. (People of the State of Illinois v. City of Metropolis
    (July 18, 1996), PCB 96-38.) Although these landfill violations certainly are grave and the
    penalty sufficient, I believe failure to obtain mining permits to be far more egregious and
    therefore should be subject to a far stiffer penalty. I urge the Attorney General’s office to
    sincerely consider implementing a penalty tracking system to ensure that the most serious
    offenses receive the stiffest fines, and that similar violations be subject to similar penalty
    amounts.
    For these reasons, I respectfully dissent.
    _____________________________
    J. Theodore Meyer
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above dissenting opinion was filed on the _____ day of ___________, 1996.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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