ILLINOIS POLLUTION CONTROL BOARD

February

7,

1980

ILLINOIS

 ENVIRONMENTAL

 PROTECTION

 AGENCY,

Complainant,

)

 PCB 79—3

VILLAGE

OF

RIDGWAY

a municipal corporation,

)

Respondent,

Dissenting Opinion

 (by Mr. Dumelle):

I

am

 dissenting

in

 this cause

 for two reasons.

 First,

the

 stipulated

 penalty

of

 $750

is

 high

for

the

 offenses

charged.

 This Village has a population of 1,160 persons.

On

a

per

 capita

 basis

 this

 penalty

 amounts

to

 $0.65

 for each

resident.

 Would

 this

 Board

 penalize

the

 City

of

 Chicago

(3,369,359)

the

sum

of

 $2,190,000 for these

 same offenses?

I think not.

Second,

the

 Stipulation

 states

 that

 the parties

 agree that

the

 penal

an

~

 iate

civil

~na1~y

2~1ent

from

deriv~

economic

 bene

fit

from

 noncompliance

with

its

NPDES

 p~ermit,

the

Act

and

Ch~er

3

and

aid

the

 enforcement of the NPDES

~am,

the

Act

and

~p~er

3,

 (p.7)

 (emphasis added).

Where

in

the

 Illinois

 Environmental

 Protection

Act

is

the

 charge

to

the

 Board

to

 levy

its

 penalties

so

as

 “to

prevent

the

 deprivation

of

 economic

 benefit

 from

non-compliance”?

One

may

 argue

 that

 a grant

 of power

 such

as

 this

is

 implied

 in the General

 Assembly1s

 stated intent

that

 Illinois

be

 eligible

 for the NPDES program.

But

it

is

only implied

 at best.

 Specific

 language does not appear in

the Act.

 For these

reasons,

 I respectfully dissent.

Jacob

D.

 Dumelle

37—299

—2—

I, Christan L, Moffett, Clerk of the Board, do hereby certify

that the above Dissenting Opinion was filed with me this~~~day

of~Jj-t.u~

 1980,

~sta~ot,Clerk

Illinois Pollution Control Board

37—300