ILLINOIS POLLUTION CONTROL BOARD

April 8, 1993

PEOPLE OF THE STATE

)

OF ILLINOIS,

Complainant,

v.

)

PCB 92—164

(Enforcement)

BERNIECE KERSHAW, DARWIN DALE

)

KERSHAW

AND DARRELL KERSHAW

d/ b/a/ KERSHAW MOBILE HOME PARK,

)

Respondents.

CONCURRING OPINION (by

3.

Anderson):

I do not take issue with the amount of the penalty, given

the long standing and egregious violations in this case.

However, I would have preferred to have found the respondents in

violation in an interim order and, prior to issuing a final

order, asked that the issue of penalty amount and other remedies

be briefed, with particular reference to Section 42(h) of the

Environmental Protection Act (Act), and especially 42(h)(3),

economic benefits accrued. (See e.g., People of the State of

Illinois v. Chem-Plate Industries, Inc (January 21, 1993), PCB

92—68.)

We have had past difficulties on appeal with our penalty

amounts. I would like to avoid that risk here in this summary

judgement setting by our making a special effort to allow the

parties to address the Section 42(h) criteria in further detail.

It is for this reason that I concur.

G. Anderson

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certifyjhat the above concurring opinion was

submitted on the

~ u’—’

day of

___________________,

1993.

~~

Dorothy N. Gur(~i, Clerk

Illinois Polj~tionControl Board

0 L~I

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