ILLINOIS POLLUTION CONTROL BOARD
    September 21, 1978
    ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    )
    Complainant,
    )
    v.
    )
    PCB 78—85
    )
    CORINTh
    PUBLIC
    WATER DISTRICT,
    a
    )
    public corporation,
    )
    Respondent.
    CONCURRING OPINION
    (by Mr. Dumelle):
    I reluctantly concur in the majority Opinion and Order.
    The penalty of $400.
    is simply too high in view of the circum-
    stances and mitigation which appearin this record.
    A
    newly organized water district with inexperienced officers
    could easily fail to follow up on the certification of its
    operator.
    However, to reject the stipulation now would
    necessitate another hearing.
    The attendant loss of time and
    additional legal fees would outweigh any penalty reduction
    the District might gain.
    The penalty,
    in my judgment, should have been $100. or
    even zero.
    The majesty of the State with its appearance of
    unlimited resources,
    probably persuaded the District to
    stipulate to the $400.
    penalty.
    Southern Illinois
    is not
    the most prosperous region of Illinois and high penalties for
    technical violations are not good public policy.
    Respectfully submitted,
    7!
    ~
    —
    /
    j//~
    )
    /
    Jacob D. Dumelle
    /
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above concurring opinion
    ~8~1Dmjtt~
    on the
    ~(ç~
    day of
    _______________
    ~
    Christan L. Moffett~Clerk
    Illinois Po1lutiorr~ontro1Board
    31—481

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