ILLINOIS POLLUTION CONTROL BOARD
    September 23,
    1983
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    )
    PCB 82—149
    JACK-RICH,
    INC., an
    Illinois corporation,
    Respondent.
    DISSENTING OPINION
    (by J~D.Durnelle):
    My dissent is based upon the small size of the penalty
    ($3,000)
    levied here by the Board majority.
    This is a 12—year old business with annual receipts
    in excess
    of $18 million in 1982.
    As recently as 1982 this corporation was
    discharging manure and animal tissues as well as hair and grease,
    etc. into the waters
    of the state.
    This Board,
    on August 29,
    1974 adopted R72-9,
    Livestock
    Waste Regulation.
    This rulemaking clearly showed the State’s
    intention to prevent agriculture-related discharges from creating
    water pollution problems.
    Thus even
    if the corporation had not
    known that the 1972—enacted general water pollution control rules
    applied
    (as they did)
    the 1974 rules should have been ample warning.
    Yet
    8 years after 1974 these discharges were occurring.
    The penalty is much too low and will not serve
    as a deterrent
    to others.
    As a minimum it should have been $10,000 or more.
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    4~&~Qx.
    ~
    Jacob
    D.
    Dumelle, Chairman
    I,
    Christan L.
    Moffett, Cl~k of the Illinois Pollution
    Control Board, hereby certify that the above Dissenting Opinion
    was filed on the ___________day of ______________________
    Christan
    L. Mo~~t,Clerk
    Illinois Pollution Control Board
    54-97

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