ILLINOIS POLLUTION CONTROL BOARD

November

 7, 1985

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

PCB 80—151

P.RCHER DANIELS

MIDLAND,

a Delaware

Corporation,

Respondent.

DISSENTING OPINION

 (by J.D,

 Dumelle):

My reasons

 for dissenting are

(a)

 this is

a

 5—year

 old case

that now ought to

be finally ended,

(b)

 the prosecutors

 (the IEP~

and Attorney General)

have agreed

 to and joined

 in the proposed

$15,000 settlement

(c)

 any new hearing may well have no

participation by

 the prosecutors and

(d)

 this case may languish

on

 the Board~s

docket forever.

All

of

 us would

agree that $15,000

is

 a substantial penalty

to anyone~

It

 is lower than the initial $40,000

levied by this

Board

 but the court

 has been unable to follow

the

Board~s

reasoning

 used

 in setting

 the penalty,

 Evidently the IEPA and

the Attorney

General agree that they cannot provide

 the reasoning

for the $40,000

 figure

 and now consent

 to the $15,000.

The Board

 docket

 is full

 to bursting and will get worse.

I

would have

 accepted the settlement,

 cleared out a

half—decade

old

case and

given certainty to

 a maCor I1lino~

i

 stry.

 Dume

le,

P,E.

Chairman

I, Dorothy

 M. Gunn,

 Cler

 of the Illinois Pollution

Control

Board,

hereby

certify that the above Dissenting Opinion

was filed

on

the

day of

1985.

~,Gu~Cl~

Illinois Pollution

Control Board