(1) the duration and gravity of the violation;
relief therefrom as provided by this Act.
the violator and other persons similarly subject to the Act.

BEFORE

TBIE ILLiNOIS POLLUTION CONTROLBOARD

RECERVE 0

PEOPLE OF THE STATE OF ILLINOIS

)

CLERK’S OFFICE

ex rel. GARX W. PACK,

)

McHenryCounty State’s Attorney,

)

APR

142004

STATE OF ILLINOIS

Complainant,

)

Pollution Control Beard

vs.

)

PCB 01-43

)

(RCRA Enforcement)

MICHAEL

STRING1NI,

)

Respondent.

)

POST HEARING BRIEF

Complainant

seeks a substantial civil penalty against the Respondent in the sum of at

least $200,000.00 and in support ofsuch request states as follows:

TITLE

XJI

Sec. 42

(h) in

determining the appropriate civil penalty to be imposed under

subdivisions (a), (b) (1), (b) (2), (b) (3), or

(b)

(5)

of the Section, the Board is authorized to

consider any matters of record in mitigation or aggravation ofpenalty including but no

limited to the following factors:

(1)

the duration and gravity of the violation;

Respondent operated an illegal solid waste management

site without necessarypermits and

failed to

comply with safety measures required by IIEPA for approximately four years.

See Motion for Summary Judgment, Page 3, Paragraph 4.

Hazardous waste remained on the land for a period of between

13 and 18 years.

See Hearing Exhibits

13 and 4

The volume ofhazardous waste is substantial.

See Hearing Exhibits

4 and

The cost ofremediation was in excess of$600,000.00.

See Hearing Exhibits

and 2.

(2) the presence or absence of due diligence on the

part

ofthe violator in

attempting to

comply with the requirements ofthis Act and regulations thereunder or to secure

relief therefrom as provided by this Act.

Respondent did nothing to determine compliance with law and maintains in the face of

the Board’s Summary Judgment opinion that he was not in violation.

See, Motion for Summary Judgment Page 4, Paragraph 8.

See, Hearing Transcript Page

Line 3; Page

87 Line 24 and Page 88,

Line 1.

(3)

any economic benefits accrued by the violator because of delay in compliance with

requirements.

Respondent

saved more than $110,000.00

See, testimony ofJames

Moore, Hearing Transcript Page

11, Line 9.

Respondent collected at least $220,317.88 for his illegal operations.

See, Exhibits

14 through 20.

(4)

the amount ofmonetary penalty which will serve to deter further violations by the

violator and to otherwise aid

in enhancing voluntary compliance with this Act by

the violator and other persons

similarly subject to the Act.

Respondent is recalcitrant and insists that he did nothing wrong. Therefore a substantial

penalty will indicate to

the Respondent that he must comply with the EPA should he

continue his metal reclaiming business, which he is currently doing.

See, testimony ofRespondent, Hearing Transcript Page

9, Line 4; Page 90 Line 2.