ILLINOIS POLLUTION CONTROL BOARD

February 4, 1988

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

v.

)

PCB 85—136

NAVEM PATEL, ERIC OTTEN,

CLARENCE MITCHELL and

J.B. JOHNSON,

Respondent.

DISSENTING OPINION (by J.D. Dumelle):

In the separate votes on the four orders I dissented on

two: Those of Navem Patel and J.B. Johnson.

Mr. Patel was evicted from his building and thus not able to

clean it out. The successor building owner thus incurred the

obligation to clean the building by using the eviction process.

Mr. Johnson appears to be someone who may not be well—

educated. I would have reduced the $10,000 penalty on him for

that reason. A second reason is that the offense proven in this

matter is that disposing of non—hazardous refuse consisting of

one or two barrels. Would the Board penalize someone $10,000 for

dumping a load of trash? I think not. Yet it does that here.

The punishment by this Board ought to fit the proven crime.

For these reasons I di t on th e two penalty orders.

/

3

cob D. Dumelle

airman

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above Dssenting Opinion was

submitted on the /e’t~ day of

,

1988.

Dorothy M. unn, Clerk

Illinois Pollution Control Board

86—35