ILLINOIS POLLUTION CONTROL BOARD
July 21, 1982
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
v.
)
PCB 81—145
)
CITY OF CARROLLTON,
)
)
Respondent.
DISSENTING OPINION
(By J.D.
Dumelle):
My reason for dissenting in this case is the excessive
amount of the penalty.
The writer of the majority opinion stated
that he computed it at
“$1.50
per capita.”
This
is
a small city of 2,866.
Its officials are undoubtedly
part-time and probably not professional administrators.
To levy
a penalty of $1.50 per capita on them means that the Board should
also fine Peoria
(pop. 126,963) about $190,500 for the same
offenses.
Chicago has a population of 3,369,359.
Would the
Board fine Chicago $5,055,000 for the same thing?
Of course not~
Then why do it here?
A small city cannot afford an appeal to the Appellate Court
to attempt to get the penalty reduced.
Any money penalty to a
governmental unit has severe consequences.
The council or mayor
or both may be turned out of office.
Technical help may become
scapegoats and be discharged or demoted.
Funds are scarce in
these small communities and the Board majority’s penalty of
$4,300 is excessive.
I would have set the penalty at a more
reasonable $1,000 or $1,500.
~JJacob
D. Dumelle
—
Chairman
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify that the above Dissenting Opinion
was filed on the
~ 7~~-’~
day of
~
,
1982.
‘7
I,
A
/
“1’- ~
Christan
L.
Moffett, Clerk~
Illinois Pollution Control Board
47-413