ILLINOIS POLLUTION CONTROL BOARD

July 21, 1982

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Complainant,

v.

)

PCB 81—145

)

CITY OF CARROLLTON,

)

)

Respondent.

DISSENTING OPINION

(By J.D.

Dumelle):

My reason for dissenting in this case is the excessive

amount of the penalty.

The writer of the majority opinion stated

that he computed it at

“$1.50

per capita.”

This

is

a small city of 2,866.

Its officials are undoubtedly

part-time and probably not professional administrators.

To levy

a penalty of $1.50 per capita on them means that the Board should

also fine Peoria

(pop. 126,963) about $190,500 for the same

offenses.

Chicago has a population of 3,369,359.

Would the

Board fine Chicago $5,055,000 for the same thing?

Of course not~

Then why do it here?

A small city cannot afford an appeal to the Appellate Court

to attempt to get the penalty reduced.

Any money penalty to a

governmental unit has severe consequences.

The council or mayor

or both may be turned out of office.

Technical help may become

scapegoats and be discharged or demoted.

Funds are scarce in

these small communities and the Board majority’s penalty of

$4,300 is excessive.

I would have set the penalty at a more

reasonable $1,000 or $1,500.

~JJacob

D. Dumelle

—

Chairman

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify that the above Dissenting Opinion

was filed on the

~ 7~~-’~

day of

~

,

1982.

‘7

I,

A

/

“1’- ~

Christan

L.

Moffett, Clerk~

Illinois Pollution Control Board

47-413