ILLINOIS POLLUTION

CONTROL

BOARD

July

12,

1~979

PEOPLE

OF

THE

STATE

OF

ILLINOIS,

and

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY,

Complainants,,

PCB

77~--i62

WATTS

TRUCKING

SERVICE

,

:CNC

.

an

Iowa

Corporation,

Respondent.

CONCURRING

OPINION

(by Mr.

Durrielle

My reason

tor

concurring

in this case

is

that

I

feel

the

$3,000 penalty is far too low considering

the repeated

landfill

violations

by

this

operator.

On September

25,

1975 this Board assessed

a penalty

of $9,000 for substantially the same violations

(PCB 74—131).

A cease and desist order was included in

that Board Order

(18 PCB 623).

On May 24,

1979 this Board assessed a penalty of

$2000 against this operator at another site

(P03 78—38,

33

PCB 563).

This

is

one of

the

largest

landfill

operations

in

Illinois.

With 3,000 to 3,500

cubic

yards

of

refuse

being

acce~)teddaily,

the yearly amounts would

total

at least

750,000 cubic yards

to perhaps more than 1,000,000 cubic yards.

Thus

we have

in the instant case

a large and presumably

sophisticated operator who has violated

a Board cease and

desist order of 1975.

I would have rejected the stipulation

and required a far larger penalty than $3,000.

I,

Christan L.

Niof

Control

Board,

was adopted on the

:t,

Clerk of

the Illinois Pollution

rtiy

the above Co cur ing Opinion

day of

~

1979.