ILLINOIS POLLUTION CONTROL BOARD

July 22, 1976

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 75—356

HAROLD K. FASSETT, HENRY W. FASSETT,

)

and J.

P. WETHERBY CONSTRUCTION CORP.,

a Delaware Corporation,

Respondents.

DISSENTING OPINION

(by Mr.

Young):

I respectfully dissent from the Opinion and Order of the

Board in this matter.

I believe that the Board incorrectly reconsidered and

reduced the penalty previously assessed against Respondents

Harold

K.

and Henry W. Fassett while at the same time denying

such reconsideration to Respondent J.

P. Wetherby Construction

Corporation.

In my opinion,

the matters considered in mitiga-

tion by~theBoard in respect to Respondents Harold

K. and Henry

W. Fassett equally applied to Respondent J.

P. Wetherby Con-

struction Corporation and their Motion for Reconsideration should

have been allowed.

I do not believe the record will support the

disparity of penalties assessed by the Board in this matter.

~

~mes

L. Youn~1

Member of the ‘~oard

I, Christan

L. Moffett,

Clerk of the Illinois Pollution

Control Board, hereby certify the above Dissenting Opinion was

submitted on the

ø~9~

day of July,

1976.

Illinois Pollution

rol Board

23

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105