ILLINOIS POLLUTION CONTROL BOARD
    August 8, 2002
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    CRIER DEVELOPMENT COMPANY,
    and BRADLEY S. COWELL,
     
    Respondents.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
     
     
     
     
    PCB 96-256
    (Enforcement – Water)
     
     
     
     
    DISSENTING OPINION (by W.A. Marovitz):
     
    I respectfully dissent from the Board’s opinion and order issued today. Although I
    agree that the respondents should be found in violation of Section 12(b) of the Environmental
    Protection Act (Act) (P.A. 92-0574, eff. June 26, 2002 amended 415 ILCS 5/12(b)(2000)), I
    disagree with the assessed penalty.
     
    Respondents intentionally installed a sewer without a construction permit. Although the
    record shows they knew about the required permitting process, they did not wait for the permit
    to be issued before they installed the sewer. Additionally, respondents did not participate in
    the enforcement process before the Board after 1997. I believe the egregious violation of the
    Act necessitates a higher penalty than $25,000.
     
    In creating the Act, the General Assembly stated that the purpose of the Act was,
    among other things “to assure that adverse effects upon the environment are fully considered
    and borne by those who cause them.” (P.A. 92-0574, eff. June 26, 2002 amended 415 ILCS
    5/2(b)(2000)). By intentionally ignoring the permitting process, respondents put the
    environment and the well-being of the citizens of Illinois at risk. Respondents’ refusal to
    participate in the Board proceedings showed further disregard for the environmental
    protections created by the General Assembly. Today’s penalty should be greater to convey
    that the respondents’ actions will not be tolerated. Therefore, I believe the penalty should be
    closer to the statutorily authorized $50,000 penalty requested by the Attorney General.
     
    For these reasons, I respectfully dissent.
     
     
     
     
     
    William A. Marovitz
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above dissenting opinion was submitted on August 9, 2002.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
     

    Back to top