ILLINOIS POLLUTION CONTROL BOARD
    June 17, 1998
    PEOPLE OF THE STATE OF ILLINOIS,
    )
    )
    Complainant,
    )
    )
    v.
    )
    PCB 97-31
    )
    (Enforcement - Land - Tires)
    JOHNNIE MAE HENDRICKS,
    )
    )
    Respondent.
    )
    CONCURRING OPINION (by R.C. Flemal):
    I agree with today’s decision regarding the findings of violations and with the imposition of a penalty. I
    disagree with the method used to calculate the penalty. I do not believe that the record supports the type of penalty
    calculation used by the Board, and I do not believe that the facts of the penalty cases cited by the Board can be
    applied to the facts of the case at hand. Moreover, I note that the Attorney General plead for a penalty of “no less
    than $5,000” based upon its knowledge of the facts of this case and of the magnitude of penalty that these facts
    warrant under the Environmental Protection Act. I find no fault with the argument of the Attorney General, and
    upon that basis would have imposed a penalty more in line with the Attorney General’s request.
    For these reasons, I concur.
     
       
    Ronald C. Flemal
    Board Member
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above
    concurring opinion was submitted on the 17th day of June 1998.
      
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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