ILLINOIS POLLUTION CONTROL BOARD

July 26, 1979

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 79—13

JAMES

ATIIANS and BRANDENBURG

D~MOLIT1()N, INC.,

Respondents.

DISSENTING

OPINION

(by

Mr.

Dumelle):

My

reason

for

dissenting

is

that

the

penalty

of

$500

approved by the Board majority is much too

low.

The Respon-

dent was notified that an Agency permit was required but

continued dumping

for

3½

more days

(May 16,

1979 transcript,

page

19).

~ person in the construction industry would certainly

be aware of Agency permit requirements.

Yet not only did the

dumping ~~jn

without the permit but

it

continued

after

notification.

The photo

i nt.roduced

by

a citizen witness

(Erickson Ex

.

2

e

•a r

1

y

~Iu)w~

Li

rqi

ainoun

Ls

01

W’

JOd

dumped

on

the ground.

The

at;

I oriiey

for

Brandenburg

Demo.

t.

t ion,

nc.

staLed

that

Mr.

Atharis

“had

wood

on

the

site

that

wa~ buried

with

the

brick

and

concrete

.

.

.“

(May

16,

1979

transcript,

pp.

12—13).

Since

his statement was unsworn,

it

is not clear

if

in fact wood has

been buried at the site.

Thus we

do not know the extent of

possible environmental harm.

Por

the

blatant disregard of the permit requirement even

after notification

I would have rejected the settlement with

its

low penalty of

$500.

C~

____

I,

Christan L.

Moffett,

Clerk of the Illinois Pollution

Control Board, hereby certify the above Dissentin

Op’nion

was submitted on the

___

_________

day of

__________________

1979.