ILLINOIS POLLUTION CONTROL BOARD

December 16,

1982

ILLINOIS ENVIRONMENTAL PROTECTION

)

AGENCY,

Complainant,

v.

)

PCB 81—183

VILLAGE OF

P1~WNEE,

an Illinois

)

municipal corporation,

)

Respondent.

DISSENTING OPINION

(by J,D. Dumelle):

My reason for dissenting in this matter is the size of the

penalty.

The Village of Pawnee has a population of 2,512.

A

$6,000 penalty, computes to $2.39 per capita.

The Metropolitan

Sanitary District of Greater Chicago has a population within its

borders of about

5,200,000.

Would this Board for a similar offense

impose on MSDGC a $12,400,000 penalty?

Of course not.

In addition,

the Village of Pawnee is engaged in litigation

in a related matter.

It is litigating for $1,650,500 in damages

and $10,000,000 in punitive damages from the Village’s former

consulting engineer and from the contractor according to

a 1979

complaint filed in Circuit Court in Sangamon County.

Not only

is the Village of Pawnee incurring legal costs but if unsuccessful

in its suit may be forced into large expenditures for repairs.

Thus it seems to me that the $6,000 penalty here approved by the

majority is adding financial

insult to a small community already

perhaps gravely injured in a fiscal sense.

Lastly, the Stipulation is not clear as to whether the Village

of Pawnee must eschew Federal or State grant

funds just by passage

of time or whether a definite rejection is first required (see

p.

12, paragraph 8).

I would not want to prohibit Federal Or

State funds

for a

small village without very grave reasons.

ob

D.

D melle, Chairman

I,

Christan L. Moffett,

1

k of the Illinois Pollution

Control Board, hereb~~rtify hat t~ above Dissenting Opinion

was filed on the

(

day of

~

,

1982.

~

~~:J;

Christan

L.

Moffe?t,

Clerk

Illinois Pollution Control Board

50-121