ILLIflOI

~

POLLUTION

CONTROL

BOARD

Marc1~

ii,

1976

ENVIRONMENTAL PROTECTION

A(~ENCY,

Complainant,

v.

)

PCB 74—208

PETER COOPER CORPORATION,

DIAMOND GLUE DIVISION,

a Delaware corporation,

Respondent.

CONCURRINC OPINION

(by

Mr.

Dumelle):

My

reservations

in

this

matter

deal.

with

the

entirely

inadequate

penalty

($1,500)

Levied herein.

?\s

a

former

resident

of the neighbor-

hood long affected by the odors from this plant

I

feel that the

penalty

is far too low.

Words cannot adequately describe the unplea-

sant odors emitted by this plant.

The record

(and Board opinion)

in this case show that Peter

Cooper Corporation

“could and can afford any control technology likely

to be necessary”.

The case then boils down to one of

long delay and

the concurrent nuisance and interference with residents rights to

an environment free from disagreeable odors.

I would have assessed a penalty oF

at

least $10,000

in this

case.

However,

the compliance program,

at long last,

seems adequate

and a remand on the penalty question might only delay the final

cleanup.

For these reasons

I concur in the Board Opinion.

Submitted by

~

Jacob D. Dumelle

I, Christan

L.

Moffett, Clerk

of

e Illinois Pollution Control Board

hereby certify the above Concurring Opinion was submitted on the

~

day of March,

1976.

Christan L. Moff

Clerk

Illinois Pollutio

Control Board

20—