ILLINOIS POLLUTION CONTROL BOARD
    February 2,
    1995
    PEOPLE OF THE
    )
    STATE OF ILLINOIS,
    )
    )
    Complainant,
    )
    v.
    )
    PCB 94—389
    )
    (Enforcement-Water)
    VILLAGE OF PORT BYRON,
    )
    an Illinois municipal
    )
    corporation,
    )
    Respondent.
    CONCURRING OPINION (by J. Theodore Meyer):
    While I agree that Village Of Port Byron (Village) violated
    35 Ill.Adm.Code 309.102(a)
    and 305.102(b),
    I concur with the
    majority’s February 2,
    1995 opinion and order for two reasons.
    First,
    I am pleased that the People requested an award of
    costs and attorneys’
    fees pursuant to Section 42 of the Act.
    However,
    in this case,
    the People failed to provide evidence, and
    failed to furnished an affidavit of costs and fees.
    In the past,
    the People have often requested costs and attorneys’ fees in
    their complaint, but failed to pursue that request by providing
    evidence that the alleged violation was wilful,
    knowing, or
    repeated.
    As I have repeatedly stated,
    I believe that those who
    violate the Act should pay the costs of prosecution, when the
    General Assembly has made specific provisions for recovering
    those costs.
    I hope that pursuing costs and attorneys’
    fees will
    become the
    norm,
    when allowable,
    in enforcement cases.
    Second,
    I concur because I believe that the penalty imposed
    in this case should have been higher.
    As the majority states,
    the Village’s failure to comply with the regulations lead to a
    conclusion that the penalty must be sufficient to deter
    continuing and future violations at the Village’s water treatment
    facility.
    Given that the Act allows for penalties of up to
    $50,000 per violation, with an additional $10,000 for each day
    that a violation continues,
    I believe that $1,000 is insufficient
    to deter continuing and future violations.
    For these reasons,
    I concur.
    I
    ~
    J. Th odore Meyer
    Board Member
    2
    I, Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that~heabove concurring opinion was filed
    on the
    .~2’~-
    day of
    _______________,
    1995.
    /L~
    Dorothy M41Gunn, c~lerk
    Illinois~ollution
    Control Board

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