ILLINOIS POLLUTION CONTROL BOARD

July 24,

1980

PEOPLE OF THE STATE OF ILLINOIS

Complainant,

v.

)

PCB 77—206

RALSTON PURINA COMPANY,

)

Respondent.

CONCURRING OPINION

(by J.D. Dumelle):

My reason for concurring in this case

is that

I feel the

stipulated penalty of $1,500 is much too

low.

The record is replete with examples of the burden these

odors have placed upon nearby residents.

A member of the

131—year—old St. John Evangelical Lutheran Church stated,

“...our sanctuary is not air conditioned.

There have been

numerous times when we have had to keep the windows closed

in hot weather due to odor.”

(R.65)

The father of a developer

of a 45-house development stated,

“He had it all zoned for

housing development and six lots almost sold when the mushroom

plant moved in.

How many houses are there today?

None.”

(R.70)

A man residing near the mushroom plant said,

“Our two

boys no longer enjoy playing outside because of

the smell that

is emanating from this area...”

(R.79).

Other comments mentioned

a new type of fly which clings to cattle’s faces.

(R.85)

It seems to me that the odor and fly nuisances and intrusion

into people’s ways of life has been so great that a penalty

of at least $5,000 or perhaps h3,~berwas deserved.

1~

Dumelle

I, Christan L. Moffett,

Clerk

of the Illinois Pollution

Control Board, hereb~’certify that the above Concurring Opinion

was filed on the ~

day of

;ontrol Board