ILLINOIS POLLUTION CONTROL BOARD

July 11,

1991

PEOPLE OF THE STATE OF ILLINOIS,

)

Complainant,

)

v.

)

PCB 89—157

(Enforcement)

CLYBOURN METAL FINISHING COMPANY,

)

Respondent.

CONCURRING OPINION

(by R.C.

Fleinal):

I agree with the finding that Clybourn has violated Section

9(b)

of the Illinois Environmental Protection Act and 35 Iii.

Adm. Code 201.144.

I also agree with the finding regarding the

penalty.

However,

I do not believe that the majority has set a

proper foundation for the assessment of costs and fees.

The majority today breaks its long-standing practice of not

assessing costs and fees on top of the assessed penalty.

There

perhaps is reason for the Board to abandon it prior practice.

But if that reason does exist,

it

is nowhere to be found in

either the record of this case or in the Opinion of the majority.

Is there anything about this case which so distinguishes it from

similar actions adjudicated before the Board?

I don’t find

anything.

Is their anything which sets Clybourn apart from prior

respondents,

so as to provide that Clybourn pay costs and fees

not required of the others?

I don’t see anything.

It is indeed

interestingly ironic that in a proceeding which turns on the

value of established custom and practice, the majority should

without word reverse one of its own most well—established

practices.

\\

(t

Ronìald C. Flemal

Board Member

I, Dorothy M.

Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above q~curringOpinion was

submitted on the

,//~‘

day of

____________________,

1991.

/27

Illinois

Control Board

124—19