ILLINOIS POLLUTION CONTROL BOARD

May

8,

1975

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 73-372 through

PCB 73—379

COMMONWEALTH EDISON COMPANY,

Respondent.

SUPPLEMENTARY OPINION

(by Mr. Zeitlin):

The principal Opinion and Order in this matter,

in

which

I concurred,

adequately and succinctly presents the

factual and legal conclusions which formed the basis for our

decision in this matter.

The penalty in this matter is that which the facts and

circumstances justify.

As

is the case with all determinations

of

the

penalty which accompanies a finding of violation,

the

Board’s

determination

as

to

the

penalty

here

is

reached

on

the basis of those factors specific to

the

individual case.

It

is

my

opinion that the Board,

in reaching this decision,

has

properly

weighed

each

of

the

circumstances

which

:Lt

is

required

to

consider

in

arriving

at

a

particular

penalty

amount.

The

Board

s

determination

as

to

penalty

in

this

matter

should

not,

in

my

opinion,

be

read

as

indicating

any

hard

or

fast

rule

as

to

the

proper

amount.

of

such

penalties

in

general.

Violators

should

stand

forewarned

that

this

Board

has

not,

in

reaching

its

decision

here,

set

a

maximum

penalty

for

this type of violation.

The

integrity

of

the

permit

system

is

far

too

important

for

us to set any such maximum

I, Christan L. Moffett, hereby certify that the above

Supplementary Opinion was submitted on the

Q~’

day of

______________________

1975.

Chr

L

Moff

Clerk

—

Phi I

Ze

t

,

Board Member

16

—