PCB 73-507

ILLINOIS

POLLUTION

CONTROL

BOARD

June 20,

1974

CITIZENS FOR A BETTER ENVIRONMENT,

An Illinois Not-For-Profit Corp.

Complainant,

EVERETT J.

LaVOIE, individually

and d/b/a LaVoie Sanitary Service,

Respondent.

CONCURRING OPINION

(by Mr.

Seaman):

I

am in agreement with the substantive findings of the majority;

the numerous violations found are clear.

However, certain language

in

the

Opinion

and

Order

adopted

by

the

majority

is

disturbing.

In

the

final

paragraph

on

page

three

of

the

Opinion

and

Order

are

listed certain facts

and allegations which appear to have been regarded

as mitigating circumstances.

For example,

“Respondent stated that

he was forced to dump refuse at his site because

of the unavailability

of other landfills in the county,” and “Respondent acknowledged that he

had received notice of possible violations from the EPA at various

times,

but argued that since

they hadn’t closed him down,

he thought he was

not violating the law.”

Suffice to say that statements of this kind

appear to be more

in the nature of aggravation than mitigation.

This

is particularly true when considered in the context of

a specific Board

finding that Respondent’s violations were willful and of long standing.

Finally,

I

feel

that the Record as

a whole would justify

a penalty

of at

least $2,000.00, rather than the $500.00 assessed in the majority

Opinion and Order.

I,

Christan

L.

Moffett, Clerk of the Illinois Pollution Control

Board,

certify that the above Concurring Opinion was submitted on the

____________

d~yof

~

,

1974.

~

,-~

~

Christan

L. ~çfett..Clerk

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