ILLINOIS POLLUTION

CONTROL

BOARD

August 5, 1976

ENVIRONMENTAL PROTECTION AGENCY,

)

)

Complainant,

)

)

)

)

V.

)

PCB 75-56

)

)

RANDALL L.

LOVELESS,

)

)

Respondent.

DISSENTING STATEMENT (by Mr. Dumelle):

My reason for dissenting on this Order is that I feel

the non-maintenance of the lagoon berm did not demonstrate good

faith by the Respondent. As the Illinois Environmental Protectict.

Agency Motion for Modification points out

as recently as three months before

suit was filed, a large discrete fissure

measuring twelve to fourteen feet wide and

approximately ten feet deep, existed on

the berm of the 6.2 acre lagoon permitting

the contents of the lagoon to flow into the

unnamed t±ibutaryand then to Spanish Needle

Creek CR. 295—296).

The “fissure” is simply an eroded channel. It would

have been a simple matter for the Respondent to have filled

this channel in a few hours work with a bulldozer or endloader.

Most feedlots and especially one with thousands of head of

cattle, would have at least an endloader to handle manure

or some other bladed equipment also suitable for earthmoving.

While the Board may agree that the economics of cattle

raising were grim in the period covered by this complaint, I

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don’t feel we should characterize this obvious maintenance neglect

as “good faith”. Thus I would have accepted reconsideration and

again weighed the possibility of a penalty in this proceeding.

Cases of first impression ought not all to be without penalty.

I, Christan L. Moffett, Clerk of the Illinois Pollution Control

Board, hereby certify the above Dissenting Statement was submitted

on the

~3t~l~

day of August, 1976.

~stan~offet,~r~’

Illinois Pollution

~I

ol Board

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