ILLINOIS

POLLUTION

CONTROL

BOARD

January

23,

1986

ILLINOIS ENVIRONMENTAL

PROTECTION AGENC~,

Complainant,

v.

)

PCB

85—127

RIP’S FERTILIZER

SERVICE,

Respondent.

MR.

MARK A.

LaROSE,

ASSISTANT

ATTORNEY

GENERAL,

APPEARED

ON

BEHALF

OF THE COMPLAINANT.

MR.

GARY

N.

(RIP)

GREEN,

OWNER

OF RIP’S

FERTILIZER

SERVICE,

APPEARED

ON

BEHALF

OF THE RESPONDENT.

DISSENTING

OPINION

(by

J.

Theodore Meyer):

I dissent from

the majority opinion

in this case because

I

do not feel

the

fine was adequate.

Unfortunately no

information

was provided

to this Board concerning

the profitability

of Rip’s

Fertilizer Service.

The stipulation portrayed Rip’s Fertilizer

Service as being

a small

impoverished company.

Buildings,

lands

and

floater trucks should have

a value

in excess of $100,000,

a

fine of $1800 payable

in installments

is not aãequate.

Additionally, everyone

is

not

a good housekeeper

at the plant,

I

assume that

the company

is just as careless

in

its application of

pesticide.

J.\~he6doreN~’er

Boa~rdMember

IT

IS

SO ORDERED.

I, Dorothy

M.

Gunn, Clerk of

the Illinois Pollution Control

Board, hereby certify that the above Dissenting Opinion was

submitted on

the

~

day of

~

,

1986.

Dorothy M. Gunn

Illinois Pollution Control

Board