ILLiNOIS

POLLUTION

CONTROL

BOARD

June

18, 2009

PEOPLE

OF THE STATE

OF

ILJJNOIS,

)

)

Complainant,

)

)

v.

)

PCBO3-191

)

(Enforcement

-Land)

COMMUNITY

LANDFILL

COMPANY,

)

INC. and the

CITY

OF MORRIS,

)

)

Respondents.

)

CONCURRING

OPINION

(by

G.L. Blankenship):

I respectfully

concur in

all aspects

of

the Board’s order

today with the

exception

of

paragraph

six,

which assesses

a civil penalty of

$399,308.98

against

respondent

City of

Morris.

Given the costs of

the

remedy

ordered,

I believe

that imposition

of a civil penalty

on the City

would

be an

arbitrary or unreasonable

hardship

upon

the City’s

taxpayers,

who may

bear

costs

associated

with closing this landfill.

For

this reason,

I respectfully concur.

Gary L.

ankenship

Board

Member

I, John T. Therriault,

Assistant

Clerk of

the Illinois Pollution

Control

Board, certify

that

the

above concurring

opinion

was

submitted

on June

18,

2009.

T. Therriault,

Assistant

Clerk

Illinois Pollution

Control

Board