ILLINOIS POLLUTION CONTROL BOARD
    March
    6,
    1980
    ILLINOIS ENVIRONMENTAL PROTECTION
    AGENCY,
    Complainant,
    PCB 77—157
    DECATUR
    SANITARY
    DISTRICT,
    A.
    E.
    STALEY
    MANUFACTURING
    COMPANY
    and
    ARCHER-DANI EL S-MIDLAND
    COMPANY,
    Respondents.
    CONCURRING OPINION
    (by Chairman Dumelle and Board Member Werner):
    The Board Opinion states “there is
    no evidence
    in
    the
    record on which the Board can base a finding as to the character
    and degree of the public injury which resulted from the discharges.~’
    (Opinion, p.3).
    We agree. But how then can the Board decide
    if the stipulated $3,000 penalty upon both A.E, Staley Manufacturing
    Company and Archer Daniels—Midland Company is correct?
    The record does not tell
    us the strength of the degraded
    effluent from the sewage treatment plant nor of any effects
    of this effluent upon the receiving stream.
    The odor nuisance,
    if any, is not documented
    as to degree and severity.
    This
    is an old case filed almost three years
    ago.
    There
    were no objections to the proposed settlement,
    We concur
    in
    now adopting the settlement rather than remanding
    it to
    the parties for information on the above mentioned deficiencies
    in the record.
    Future settlement proposals should address
    the Board’s need to know the factors
    in Section
    33(c)
    of the
    Act.
    Respectfully submitted
    --~‘
    /
    /
    ‘3
    \‘~
    2
    /
    Jacob
    0.
    Dumelle
    37— 443
    —2—
    I, Christan L.
    Moffett, Clerk
    Control Board, here
    certify that
    was filed on the
    ________
    day of
    of the Illinois Pollution
    the above Concurring Opinion
    _____
    1980
    Board
    Illinois Pollutio:
    37—444

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