ILLINOIS POLLUTION CONTROL BOARD

March 7,

1996

PEOPLE OF THE STATE OF ILLINOIS,

)

)

Complainant,

)

)

PCB 96-61

v.

)

(Enforcement

-

Land, Mining)

)

PAUL J.

MAY

& SONS, INC.

AND

)

PAUL J. MAY, individually and as

)

President ofPaul J. May & Sons, INc.,

)

)

Respondents.

DISSENTING OPINION (by J. Theodore

Meyer):

I respectfully dissent from

the majority’s acceptance of this stipulation and settlement

agreement.

This case involves a company that constructed and operated a mine-related facility

without the properpermits from at least 1988, possibly earlier.

The penalty agreed upon by the

parties was $3,000.

I find this penalty amount to be inadequate in light of the length andtype of

violation committed by respondents, especially in comparison to another stipulation and

settlement agreement approved today by the Board.

In People ofthe State ofIllinois

v. Harper-Wyman

Company, (March 7, 1996) PCB 96-

32, the Board approved a penalty amount of $13,000 for a violation of Section 21(1) ofthe

Illinois Environmental Protection Act for failure to file its hazardous waste annual report in a

timely fashion.

How can a late filing justify a penalty $10,000 higher than one imposed for

constructing and operating a mine without permits?

Acknowledging the fact that the Board is not in a position to impede the settlement

process between parties, I do believe we have an obligation to look atthe sufficiency of a

penalty,

andto point out inconsistencies between the type of violation committed

and

the amount

of the penalty agreed upon.

For these reasons,I dissent.

N

Theodore Meyer

I, Dorothy M. (iunn, Clerk of the Illinois Pollution Control Board, hereby certit~r

that the

above dissenting order was filed on the

~S”~’~’

day of /n

,

1996.

~

Dorothy M. G4i,

Clerk

Illinois Pollut~lyh

Control Board