ILLINOIS POLLUTION CONTROL BOARD

July

22, 1976

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

V.

)

PCB 75—356

HAROLD K. FASSETT, HENRY W. FASSETT,

)

and J.

P. WETHERBY CONSTRUCTION CORP.,

a Delaware corporation,

)

Respondent.

DISSENTING OPINION

(by Mr.

Zeitlin):

Although I concur with the Board’s

action

today in this matter

insofar

as the penalties levied against Harold K.

Fassett and Henry

~J.Fassett are reduced,

I must respectfully dissent from the Board’s

Order in that the same

consideration was not given

to the penalty

against Respondent J.

P. Wetherby Construction Corp.

(Wetherby).

I see no reason to heavily penalize Wetherby, particularly in

light of the penalty reduction with respect to the Fassetts.

The

Board has,

in effect,

said that those using an unpermitted

dump

are

more liable for that

violation than are those who operated such an

unpermitted

dump

and allowed

(or possibly even actively sought)

dumping at the

site.

This seems less than

just under the

circum-

stances.

I feel that any mitigation applicable to the Fassetts

is,

in

this case, also applicable to Wetherby.

Failure to so apply the

mitigating circumstances here to Wetherby again allows legal nicety

to prevent an expeditious and just result.

I, Christan

L. Moffett, Clerk of the Illinois Pollution Control

Board, hereby certify the above Dissenting Opinion was submitted on

the

~~1t

day of July, 1976.

cha~.Mo4~erk

Illinois Pollutio

trol Board

Philip

Member

rd

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