ILLINOIS POLLUTION CONTROL BOARD

March 7, 1996

PEOPLE OF THE STATE OF ILLINOIS,

)

)

Complainant,

)

PCI) 96-127

)

(Enforcement

-

Air)

v.

)

)

DYNAWELD, NC.,

)

)

Respondents.

DISSENTING OPINION (by J. Theodore Meyer):

I respectfully dissent from the majority’s acceptance of thisstipulation and settlement

agreement. This case involves acompany that constructed and operated emission sources

without the properpennits, exceededemission limitations and failed to comply with required test

methods and procedures. The penalty agreed upon by the parties was

$10,000.

I find this

penalty amount to be inadequate in light ofthe severity ofthe violations committed, and ft.

comparison to another stipulation andsettlement agreement approved today by the Board.

In Pcovlc ofthe State of Illinois v. Harper-Wyman Company, (March 7, 1996) PCB 96-

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

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

timely fashion. How can alate fflingjustify apenalty $3,000 higher than one imposed for

constructing and operating emission sources without permits, for exceeding emission limitations

and failing to comply with required test methods and procedures?

Acknowledging the fact that the Board is not in aposition to impede the settlement

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

penalty, and to point out inconsistencies between the type ofviolation committed and the amount

of the penalty agreed upon.

For these reasons, I dissent.

__

I Theodore Meyer

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the

above dissenting order was filed on the

~a1

clay of

2?i6X.cJJ ,

1996

~

i~I

Dorothy M. (fjinn, Clerk

Illinois PolhMon Control Board