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.
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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.
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Dorothy M. Gunn, Clerk
Illinois Pollution Control Board