ILLINOIS POLLUTION CONTROL BOARD

November 12,

1982

tLLINOIS ENVIRONMENTAL PROTECTION AGENCY,

)

Complainant,

v.

)

PCB 81—13

CITY OF ARCOLA, FIRST NATIONAL BANK

OF ARCOLA, AND J. STANLEY ALLEN,

Respondents.

DISSENTING OPINION (by D. Anderson and J.

Anderson):

The record does not contain any mitigating reasons for

Arcola’s participation in this matter.

Arcola’s restricted

status dated back to 1974.

Even apart

from

the Agency inspector’s

July 11, 1979 contact with the buildings’

manager,

Arcola received

copies both of the Agency’s August

1,

1979 letter to the manager

concerning the need for a permit and its August

20,

1979 letter

denying the permit

(Ex. B and C).

Then Arcola collected fees for

the connections to their sewerage system,

(Ex,

D).

Reasonably stiff penalties are especially needed to deter

this tempting “fait accompli” type of hook—on violation during

restricted status.

We feel

that Arcola’s $750 penalty

is insufficient to impress

upon a local government that this

type of

indifference towards

the permit process seriously undercuts the enforcement of the

Environmental Protection Act and cannot be Lolerated.

Therefore we dissent.

_______________

_____

~

.v~

~,

~

D.

Anderson Board Member

T.

Anderson Board Hember

I, Christan

L. Moffett, Clerk of

the Illinois

Pollution

Control Board, hereb~certify that the above~Dissenting Opinion

was

filed on the~J~.

_day of~_~-~__

,

1982.

~./,;

~/~‘-~i

Christan

L. Moffe~t~

‘g~ierk

Illinois Pollution Control Board

49-265