ILLINOIS POLLUTION CONTROL BOARD
    September 15,
    1982
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    Complainant,
    )
    v.
    )
    PCB 81—182
    )
    CAPITAL CITY LAND, INC
    ,
    an
    )
    Illinois corporation,
    )
    MERLE BUERKETT, TOWN AND COUNTRY
    )
    BANK OF SPRINGFIELD, TRUSTEE,
    )
    an Illinois Bank,
    BUNN PARI
    INDUSTRIES, INC.,
    a dissolved
    )
    Illinois corporation,
    ESTATE OF
    )
    MAX RISEMAN, deceased,
    MONIKA U.
    M. WEINER, RICHARD WEINER,
    )
    THOMAS FLATTERY, ERNIE L.
    SCHMIDT,
    )
    JOHN DOE, JANE ROE, ED EVANS, JOHN
    )
    HOLTMAN, CLARENCE “BUD” GARNER and
    )
    NANCY DiMARTINO,
    )
    Respondents.
    CONCURRING OPINION
    (by D.B, Anderson and J.D. Dumelle):
    We concur in this matter in order to resolve
    a complex
    proceeding involving a dissolved corporation,
    an estate, un-
    known shareholders, a land trust and others.
    Our concern lies in the fact that one
    of
    the respondents
    is Merle Buerkett.
    The majority opinion cites two previous cases
    in which Mr. Buerkett has been judged guilty in 1971 and 1978
    by this Board of improper waste disposal operations.
    The stipulation is silent about Mr. Buerkett’s past conduct.
    And since the $3,000 penalty stipulated to here is to be appor-
    tioned jointly and several~?it seems obvious that this prior
    conduct was not considered
    setting that penalty as regards
    Mr. Buerkett.
    Penalties set by the Board are “to aid in the enforcement
    of the Act”.
    Repeated violations of rules intended to protect
    the public from the dangers of improper waste disposal ought
    to bring much higher penalties than an initial violation.
    This
    appears not to have been done in negotiating this stipulated
    penalty.
    The Agency should search its own records before
    48-157
    2
    negotiating to find all repeaters.
    Since a repeater has ob-
    viously not been deterred the newer penalties should be many
    times the first ones for similar offenses.
    ~
    Donald B.
    Anderson,
    Board Member
    I, Christan
    L. Moffett, Clerk of the Illinois Pollution
    Control Board, herebj certify that t
    e above Concurring Opinion
    was filed on the /~~‘ day of
    ,
    1982.
    Board
    Illinois Pol
    48-158

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