ILLINOIS POLLUTION CONTROL BOARD
    July 18, 1996
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    DONALD AND ROBERT HASTIE, d/b/a
    HASTIE TRUCKING AND MINING
    COMPANY, a Partnership,
    Respondent.
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    PCB 96-202
    (Enforcement - Air)
    DISSENTING OPINION (by J. Theodore Meyer):
    I dissent in this matter to bring to the attention of the Attorney General the difference
    in penalty amounts appearing in settlement agreements filed with the Board. The agreements
    voted upon today provide the typical disparity I am observing of late. The parties in this case
    agreed upon a penalty of $3,000.00 for causing or allowing air pollution, causing or allowing
    excessive emission of particulate matter, failure to comply with new source performance
    standards and failure to submit annual emission reports. The penalty in PCB 96-2 was
    $6,000.00 for operating without a permit and failure to submit annual emission reports. There
    seems to be no explanation for one respondent being subject to twice the penalty amount than
    another for similar violations, especially when the respondents liable for the lesser penalty
    admitted to more numerical violations. Perhaps a uniform system of penalty amounts for
    classes of violations could be implemented so that the regulated community is not inclined to
    think it is subject to arbitrary civil penalties.
    For these reasons, I respectfully dissent.
    __________________________________
    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.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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