ILLINOIS POLLUTION CONTROL BOARD
    September 19, 2002
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    D’ANGELO ENTERPRISES, INC., an
    Illinois corporation,
     
    Respondent.
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    PCB 97-66
    (Enforcement - Land)
     
    DISSENTING OPINION (by W.A. Marovitz):
     
    I respectfully dissent from the Board’s opinion and order issued today. I disagree with
    the assessed penalty.
     
    Respondent stored over 3,000 gallons of hazardous waste without a Resource
    Conservation and Recovery Act permit. Some of the waste had been there for years.
    Respondent also did not timely determine whether the waste it was generating was hazardous
    waste. Additionally, respondent failed to inspect the storage areas, failed to have emergency
    response measures in place, failed to properly train its employees in hazardous waste
    management, and failed to label the storage drums for their contents. Some of these violations
    were done knowingly and repeatedly. Respondent attempted to correct the violations only after
    the Agency discovered the violations. This lack of corporate lack of responsibility requires a
    higher penalty than assessed today.
     
    The only saving grace in this case is that no one was harmed. I do not think we should
    wait for people to get sick from irresponsible hazardous waste storage, before we send a strong
    message to the violators that they will not benefit from defying the Environmental Protection Act
    (Act) and the Board’s regulations regarding handling and disposing of hazardous waste.
     
    The People note that the Act authorizes a penalty close to $50,000,000, but then ask the
    Board to impose a penalty “not less than $70,000.” I do not understand why the Attorney
    General does not ask for a specific penalty amount. Nor do I understand why the Attorney
    General does not ask for a greater penalty in this instance when the respondent has blatantly
    ignored the relevant environmental laws.
      
     
    For these reasons, I respectfully dissent.
     
      
      
      
      
      
      
      
     
    William
    A.
    Marovitz
     
      
      
      
      
      
      
      
    Board Member
     
     
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the above
    dissenting opinion was submitted on September 19, 2002.
     
     
      
      
      
      
      
      
      
     
    Dorothy
    M.
    Gunn,
    Clerk
    Illinois
    Pollution
    Control
    Board
     

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