ILLINOIS POLLUTION CONTROL BOARD
    January 24, 1991
    KATHY WESTERN AND JEFFREY WESTERN,
    )
    )
    Complainants,
    PCB 89—44
    v.
    )
    (Enforcement)
    )
    MOLINE CORPORATION,
    Respondent.
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Complainant,
    PCB 89—87
    v.
    )
    (Enforcement)
    MOLINE CORPORATION,
    Respondent.
    DISSENTING OPINION
    (by J.D. Dumelle):
    The Stipulation on p.
    13 in paragraph E states “...it
    utilized its non—compliant equipment from at least 1974 until
    October
    1,
    1989 without the delay and cost of implementing the
    proper control equipment.”
    Those
    15 years of uncontrolled emission involved at least
    5
    pieces of equipment.
    These are a 40,000 cfm baghouse,
    wheelabrator, sand silos (actual number not given beyond the
    plural ending) and the sand silo baghouse.
    Using a penalty of $1,000 per permit—year missed as a
    minimum the 15 years for
    5 pieces of equipment comes to
    $75,000.
    And that
    is without a penalty for the illegal
    emissions.
    The $10,000 here ratified by the majority is far too low.
    would have rejected the Stipulation and Settlement and proceeded
    to a full hearing upon the merits.
    Unless this Board has the
    courage to levy realistic penalties no one will be “deterred”
    from violating the Environmental Protection Act
    in the future.
    ~
    ~
    ob
    D.
    Dumelle,
    P.E.
    CDR-CEC-USNR
    (Ret)
    Board Member
    118—129
    IT IS SO ORDERED.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board hereby certify that the above Dis enting Opinion was
    submitted on the
    ~
    day of
    ________________,
    1991.
    ~
    Illinois Pollution Control Board
    118—130

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