Lloyd A. Fry Roofing Co. v. Pollution Control Board

The petitioner appeals from an order of the Illinois Pollution Control Board assessing a *40,000 penalty for certain air pollution violations after a remand by this court for reconsideration of the penalty originally assessed. On this appeal, the petitioner contends that (1) the Board erred in not considering evidence that the petitioner has been in compliance since 1972, since (2) no civil penalty may be assessed where the petitioner has already complied with the Environmental Protection Act and the agency regulations since then the penalty would be strictly punitive and not to aid enforcement.…