ILLINOIS POLLUTION CONTROL BOARD

May

10,

1990

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

v.

)

 PCB 86-56

(Enforcement)

TRILLA STEEL DRUM CORPORATION,

Respondent.

ORDER OF THE BOARD

(by

B.

 Forcade):

On March

13,

 1989,

 the First District issued an Opinion and

on November

14,

 1989,

 the Board received the Mandate

 in this

matter.

 That decision by the First District reversed the Board’s

penalty determination and,

 “...remanded

 for consideration of

an

appropriate penalty as warranted by the circumstances of this

case.”

 The Board hereby sets

 this matter

 for hearing to

determine the appropriate penalty.

At hearing,

 the parties are

 to provide

 information on

the

following

 issues:

1.

 What

is

the

 maximum

 statutory

 civil

penalty

 which

 could

be

 assessed

 against

Respondent

for

the

 violations

 found

in

the record?

2.

To

the

 extent

 that

it

is

 possible

to

determine,

 what

 is the range of penalties

which

 have

 been

 assessed

in

 this

and

other

 jurisdictions

for

 similar

violations?

3.

In

 light

of

 each

of

the

 factors

of

Section

 33(c)

of

the

 Environmental

Protection Act,

 what dollar amount

do

the

facts

of

 this

 case

 favor

for

a

 civil

penal tv?

4.

In

 light

of

 any other

 relevant

 factors,

what

 dollar

 amount

do

 the factsof

 this

case favor

for

 a civil penalty?

5.

 What specific penalty amount

is

 requested

by each party?

I

 1—flS

The parties may gain some guidance on these matters by the

Board’s decision today

 in Illinois Environmental Protection

Agency

 v. Allen Barry,

 PCB 88—71.

IT

 IS SO ORDERED

Board Member Joan Anderson concurred.

I,

 Dorothy M. Gunn,

 Clerk

 of the Illinois Pollution Control

Board,

 hereby certi

 that the above Order

 was adopted on the

 /~2Z~day of

___________________

 1990,

by

 a vote

of

Dorothy

M.

 G,~nn, Clerk

Illinois

 Pc.llution Control Board