ILLINOIS POLLUTION CONTROL 2OARD

May

10,

1990

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

v.

)

 PCB 86—56

(Enforcement)

TRILLA STEEL DRUM COR?ORATION,

Respondent.

CONCURRING OPINION

 (by J. Anderson)

The interim Order

 on this

 remanded case directs

 the parties

to address six listed

 items related to

 the penalty

 issue.

My

concern relates

 to the information required

 in question

#2

 of the

Board’s Order,

 which

I

 do not believe should have been

included.

 Question

#2

 reads:

To

the

 extent

 that

it

is

 possible

to

determine,

 what

is

the

 range

of

 penalties

which

 have

 been

 assessed

in

 this

and

 other

jurisdictions

 for similar violations?

I have already expressed my general concerns about

the

potential problems when

 the Board itself pre—requires such

comparative information.

 See my Concurring Opinion

 in Illinois

Environmental Protection AQencv

v.

 Allen Barry,

 PCB 88-71,

 dated

 May 10,

 1990.

 Additionally,

 I don’t quite know wnar cuesticn

42

above intends;

 it appears

 to expect

 some quantum of

 information

to be provided, and yet

it

 is vague as

 to what

 that cuantum

is.

For example, what does

 “possible

 to determine”

 mean;

 is some

“showing”

 expected here?

 Does

 “other

 jurisdictions”

 include

a

search of

 penalty

 ranges

 in all states?

 Only of those which have

been appealed?

 Does “range of penalties”

 include

 those

for

“similar” cases

 in other media?

Question

44

 asks

 the parties,

 ‘in

 light

 of any other

relevant factors”

 (beyond those

 in Section

 33(c)

 of the Act),

to

give dollar penalty amounts

 favored by

 the facts

of

 this

 case.

believe question

 #4 appropriately encompasses the “other

 reevar.t

factors” area.

It

is

for

 these

 reasons

 that

 I respectfully concur.

II 1--07

Joan

 G. Angerson

/

I,

 Dorothy

 M. Gunn,

 Clerk of

 the Illinois Pollution Control

Board, hereby certify that the above Concurring Opinion was

submitted on the

 day of

~Vh

 1990.

~

Dorothy M.1~nn, Clerk

Illinois ?~?lutionControl Board

1—~)S