I Lr:t ~OI
S
POLLUTION
CONTROL
BOARD
~June
12,
1980
ILLINOIS
ENVIRONMENTAL
PROTECTI ON
AGENCY,
Complainant,
v.
)
PCB 70—214
OGLE COUNTRY
VLEW
HOMEONNERS’
ASSOCIATION,
an Illinois
not—for-profit
Corporation
Respondent.
CONCURRING OPINION
(by
3.1).
Dumelle and I.G.
Goodman):
We reluctantly concur in this matter with the
strong
feeling
that: the stipulated penalty of $300
is much too high.
Only 45 or 46 persons are served by this Association; the
penalty
is thus
in excess of $6.00 per capita.
Furthermore,
a member of the Association’s Board of
Directors,
Mr. Jack Wells,
called attention to his group’s
inability
to
pay
legal
fees
to defend
in this action
(R.14).
A
penalty
of
$100 or less
would
have been sufficient
in
our
judgment.
/
/j,
Jacob
D.
Dumelle
I,
Christan L.
N~offett,Clerk of
the
Illinois Pollution
Control
Board, hereby certif~ that the above Concurring
Opinion
was
filed on the
day of
~
1980.
(~4
L
4L~
__
~i~.Mof;,c1erk
Illinois Pollutio~Control Board