ILLINOIS POLLUTION CONTROL BOARD

April

26,

1979

ENVIRONMENTAL

PROTECTION

AGENCY,

Complainant,

v.

)

PCB 78—127

CITY OF GEORGETOWN,

a municipal

corporation,

Respondent.

DISSENTING OPINION

(by Mr. Dumelle):

I fully agree with

the

findings of violation in this

case.

However, the contingent penalty of $14,000

is much too

large for a city of 3,984 population.

A small city with part-time and usually low—salaried

employes might easily fail to meet some condition of the

Stipulation and Proposal for Settlement which the majority

of the Board has now accepted.

The Board should not levy a

high contingent penalty

in the expectation that

it will

never come

due.

I would have rejected the Stipulation and Proposal for

Settlement because of the contingent penalty.

Respectfully submitted

~

,

/1

Jacob D. Dumelle

I,

Christan

L.

Moffett, Clerk of the Illinois Pollution

Control Board,

hereby certify the above Di~enti~ngOpinion

was

filed on the

~

day of

~

,

1979.

33—383