ILLINOIS POLLUTION CONTROL BOARD

August 30,

1990

PEOPLE OF THE STATE OF ILLINOIS,

)

Complainant,

v.

)

PCB 90—84

(Enforcement)

WE-TOAST BREAD COMPANY,

INC.,

Respondent.

PAMELA CIARROCCHI, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF

OF COMPLAINANT.

ROBERT MELTZER, ROBERT MELTZER & ASSOCIATES, APPEARED ON BEHALF

OF RESPONDENT.

CONCURRING OPINION

(by J.C.

Marlin):

At the Board’s meeting of August

9,

1990,

the vote on the

Order accepting

this stipulation was evenly divided:

3-3 with

one member absent.

The issue which separated the Board was the

stipulated penalty amount.

Given the members’ interest

in the

size of the penalty,

I chose

to support an Order which yielded us

further

information regarding the parties’ agreement

to the

stipulated amount.

I concur with this Order without further

comment because

I accomplishes that aim.

I

L

j~~in

C.

Marlin, Chairman

IT IS SO ORDERED.

I,

Dorothy M.

Gunn, Clerk of

the Illinois Pollution Control

Board, hereby certi~~thatthe abov~~~gc~rring

Opinion was

submitted on the

~

day of

,X~-’-~~i_k~i

,

1990.

~?~L

Dorothy

M.

•G~mnn, Clerk

Illinois

Poj’lution Control Board

114• .797