ILLINOIS POLLUTION CONTROL BOARD
February 4, 1988
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Petitioner,
v.
)
PCB 85—136
NAVEM PATEL, ERIC OTTEN,
CLARENCE MITCHELL, and
3.
B. JOHNSON,
Respondents.
CONCURRING OPINION (by J. Theodore Meyer):
I concur in the findings of violation and the amount of the
penalties imposed by the majority. However, I must once again
voice my concern about the manner in which penalties for
violations of the Environmental Protection Act (Act) are set by
the Board. There are no standards set forth by which the Board
can act to impose penalties in a somewhat consistent manner,
other than an instinctive weighing of the circumstances of a
particular case. I recognize that the articulation of such
standards is a difficult task, but I feel that an attempt must be
made. At a minimum, the guidelines of Sections 33(c) and 42 of
the Act should be explicitly applied to the facts of each case.
J.WTheodor Meyer
Board Member
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Concurring Opinion was filed
on the /tr~ day of
_________________,
1988.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
86—37