ILLINOIS POLLUTION CONTROL BOARD
    May 26, 1977
    PEOPLE OF THE STATE OF ILLINOIS,
    )
    )
    Coniplainant,
    )
    )
    v.
    )
    P~B76—181
    )
    )
    DECATUR SANITARY DISTRICT,
    )
    )
    Respondent.
    CONCURRING OPINION
    (by Mr. Dumelle):
    While I concur with the findings of the Board in its Opinion
    I
    do feel that this case deserves a monetary penalty.
    A sanitary district serving
    110,000
    persons is not a small unit
    of government.
    Its management team obviously contains professionals
    who should have known that lagooning raw or partially digested sewage
    would inevitably result in foul odors disturbing to nearby residents
    absent sufficient aeration.
    In 1952
    I recall the odor problems created in many southwest
    Chicago suburbs by the Metropolitan Sanitary District of Greater
    Chicago’s lagooning of raw sewage along what is now the Stevenson
    Expressway.
    Natural •laws cannot be broken.
    While a penalty on a governmental body merely moves money from
    one group of taxpayers to another it does ensure that the same mis-
    take will not be repeated.
    Thus,
    though after the fact,
    the penalty
    does provide deterrence.
    Respectfully submitted,
    ‘p
    I.
    ,.~
    H
    /
    ‘
    ~
    ~•
    U..
    Jacob D. Dumelle
    26-567
    1,
    Christa
    LI
    t
    C1~~kof the Illinois Pollution Control
    Board,
    hereby cr~x~f
    ~te
    abov
    concurring Opinion was submitted on
    the
    j~j~ day ~f
    —
    ,
    1977
    -F
    Christan L~
    offe
    Cler
    Illinois Pollution
    Control
    Board

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