ILLINOIS POLLUTION CONTROL BOARD

February

8,

1990

PETER ARENDOVICH and

)

PATRICIA LISTERMAN,

Petitioners,

v.

)

PCB 88—127

(Enforcement)

KOPPERS COMPANY,

INC.,

Respondent.

CONCURRING OPINION

(by J. Theodore Meyer):

I agree with the outcome reached by the majority, which found

Koppers

in

violation

of

Section

9(a)

of

the

Environmental

Protection

Act.

As

I

stated

in

dissent

in

Will

County

Environmental Network v. Gallagher Blacktop, PCB 89-64, January 11,

1990,

I would

prefer that the Illinois Environmental

Protection

Agency (Agency) be involved in these types of enforcement actions.

However,

after

the Appellate

Court’s

recent decision

in

Modine

Manufacturing Company

v.

Pollution Control Board,

No.

2-89-0441,

February

1,

1990,

I am convinced that this Board must do all it can

to work toward reasonable resolution

of all types

of enforcement

cases.

For these reasons,

I concur.

~

J. T~ieodoreMeyer

Board Member

I,

Dorothy N. Gunn,

Clerk of the Illinois

Pollution Control

Board, hereby certify

tI~a~t

the above Concurring Opinion was filed

on the

~

day of

--/~‘~~.

,

1990.

I

Dorothy M.

Gunn,

CLerk

Illinois Pollution Control Board