ILLINOIS POLLUTION CONTROL BOARD
    February
    19,
    1981
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    Complainant,
    v.
    )
    PCB 79—184
    )
    CITY OF ROODHOUSE,
    )
    Respondent.
    DISSENTING OPINION
    (by J.D.
    Dumelle):
    My reason for dissenting in this case is the excessive
    amount of the penalty.
    Roodhouse has
    a population of
    2,357.
    The penalty of $3,000, here stipulated to, works out to $1.27
    per capita.
    If Peoria (population 126,963) had incurred the same
    violations, the penalty at $1.27 per capita would have been
    $161,243.
    I know the Board would not have levied such a penalty
    on a large city.
    Then why do so on a small city?
    The last portion of the Settlement
    (p.13) contains the
    following
    “...considering
    ,..
    the economic savings incurred
    due to non—compliance...”.
    Nowhere in the Environmental
    Protection Act is authority given to the Board to consider
    “economic savings” when setting a penalty.
    I, Christan L~Moffett, Clerk of the Illinois Pollution
    Control Board, hereby, certify ~at
    the abpve Dissenting Opinion
    was filed on the
    ~/~_—
    day of~
    ___,
    1981.
    1erk
    Illinois Pollution Control Board
    40—479

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