ILLINOIS POLLUTION CONTROL BOARD
    January 24, 1991
    THOMAS FREDETTE,
    )
    )
    Complainant,
    )
    v.
    )
    PCB 89—6.
    (Enforcement)
    VILLAGE OF BEECHER,
    )
    Respondent.
    CONCURRING OPINION
    (by B.
    Forcade,
    3.
    D. Dumelle, and 3. Theodore
    Meyer):
    We respectfully concur with
    today’s
    action; we agree
    with
    the bulk of the opinion and order, but believe that a performance
    bond is appropriate in the circumstances of this case.
    The primary purpose of enforcement is to ensure compliance
    by the facility in question.
    The
    Act
    specifically empowers this
    Board to require the posting of a performance bond or other
    security to correct the violation.
    Section 33(b)
    of the Act.
    We
    must note that the Board does require performance bonds
    in other
    circumstances.
    (See 35 Iii.
    Adm. Code 807.663 and 807.666
    regarding surety bonds for guaranteeing performance of closure
    and post—closure care at waste management sites,
    and
    35
    Iii.
    Adin.
    Code Part 807 Appendix A, Illustrations D,G,
    & H.
    Units of
    local government can qualify for non-surety bonds.)
    The Village of Beecher’s five years of continued non-
    compliance with the terms of its NPDES permit coupled with the
    Village’s failure to attend to the defense of this citizen
    enforcement action, convince us that such security is appropriate
    here.
    The violations found today would warrant a substantially
    higher civil penalty than adopted today.
    However, we believe
    that future compliance could be best achieved by the lower civil
    penalty adopted today and by adopting
    a significant performance
    bond.
    If Beecher chooses the non—surety bond and ultimately
    complies, then there is no cost to Beecher for the bond.
    Since
    the Board’s action today does not adopt a performance bond, we
    concur.
    Board Member
    ard Member
    118—145
    2
    3. theodore
    eyer
    Board Member
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that
    he above Concurring Opinion was filed
    on the
    J44’
    day of
    __________________,
    1991.
    Dorothy M. q~nn,Clerk
    Illinois PoYlution Control Board
    118—146

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