ILLINOIS POLLUTION CONTROL BOARD
    January 8, 2004
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    ESG WATTS, INC. (Taylor Ridge),
     
    Respondent.
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    PCB 01-167
    (Enforcement - Land)
     
    DISSENTING OPINION: (by T.E. Johnson)
     
    I respectfully dissent from the Board's opinion and order issued today in this matter. I
    agree with the Board’s finding that Watts has violated the Illinois Environmental Protection Act
    (Act) (415 ILCS 5/1
    et. seq
    (2002)) as alleged in the complaint. I also agree with the majority’s
    decision ordering ESG Watts Inc. (Watts) to pay attorney fees. However, I feel that the
    $1,000,000 civil penalty assessed by the Board is excessive.
     
    Primarily, I do not believe that the complainant presented adequate evidence at hearing or
    justification in the pleadings to warrant the imposed penalty. This is not to say that I feel Watts
    should not be penalized. Watts has exhibited a past history of noncompliance, and the gravity
    and ongoing nature of these violations mandate a substantial penalty. However, I feel the
    amount the majority has penalized Watts is unjustifiable. When considering the 42(h) factors
    (415 ILCS 5/42(h) (2002)) in light of the evidence before the Board, a significantly lower
    penalty is appropriate.
     
     
    For these reasons, I respectfully dissent.
     
     
    Thomas E. Johnson
    Board Member
     
     
    2
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the above
    dissenting opinion was submitted on January 9, 2004.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
     

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