ILLINOIS POLLUTION CONTROL BOARD
    May 6, 2004
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    JOHN PRIOR d/b/a PRIOR OIL COMPANY
    and JAMES MEZO d/b/a MEZO OIL
    COMPANY,
     
    Respondents.
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    PCB 02-177
    (Enforcement – Land, Water)
     
    DISSENTING OPINION (by T.E. Johnson):
     
    I respectfully dissent with the majority opinion. Although I agree with the Board that the
    respondents violated the Illinois Environmental Protection Act (Act) (415 ILCS 5 (2002)) and
    Board regulations, I do not agree with the imposition of a $300,000 civil penalty on John Prior
    d/b/a Prior Oil Company (Prior).
     
     
    While I strongly concur that based on the factors of Section 33(c) of the Act (415 ILCS
    5/33(c) (2002)), civil penalties against Prior and Mezo are warranted, after considering the
    Section 42(h) factors (415 ILCS 5/42(h) (2002)), I think the $300,000 civil penalty imposed on
    Prior is excessive. Of specific note, is the second 42(h) factor – the presence or absence of due
    diligence. I think it is critical that Prior had remediated the site and submitted compliance
    documentation prior to the filing of the complaint. Consequently, I would weigh this factor in
    favor of Prior and impose a civil penalty more in accordance with the penalty sought by the
    People of the State of Illinois.
     
     
    For these reasons, I respectfully dissent.
     
    Thomas E. Johnson
    Board Member
     
     
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the above
    dissenting opinion was submitted on May 11, 2004.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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