ILLINOIS POLLUTION CONTROL BOARD

July 12, 1979

ENVIRONMENTAL PROTECTION

AGENCY,

)

Complainant,

v.

)

PCB 79—19

JACK

CHASE,

d/b/a ABCOA THINNERS,

)

and

MICHAEL

CHASE,

)

Respondents.

DISSENTING

OPINION

(by

Messrs.

Dumelle

and

Werner):

Our reason for dissenting

in

this

case

is

that

the

$800 penalty imposed by the Board majority is too high.

The record shows

that the deposit of

the barrels was

done by the son of

the owner of this small business.

It

was a mistake of judgment.

The owner has taken full responsi-

bility and has promised to do everything necessary to restore

the farm property.

We have here a small

and necessary business

in imminent

danger of bankruptcy.

The penalty, considering

all

of the

circumstances,

is too high.

~s

____________________

Nels

B. Werne~

D.

Dumelle

I, Christan

L. Moffett, Clerk of the Illinois Pollution

Control

Board, hereby certify the above Disse tin

Opinion was

submitted on the

~

day of

\S~~&i~j.L#.\J

,

1979.

35—5 ~3