ILLINOIS

POLLUTION

CONTROL

BOARI)

July

25,

ENVIRONMENTAL

PROTECTION

AGENCY

v.

)

PCB

72-3

LOBIJE,

INC.

•

an Illinois

corporation,

LOBUE

EXCAVATING

CO.,

an

Illinois

corporation,

FRED

LOBUE,

DOROTHY

LOBUE

FOTJSTTI,

ANThONY

LOBUE,

CHARLES

LOBLTE,

SAMUEL

LOBTJE,

and the

FIRST

NATIONAL

tU\NK

OF

CHICAGO

HEIGHTS,

a

bank

chartered

)

by

the

State

of Illinois,

as

Trustee

Supplemental

Statement

(by

Mr.

Dumelle)

While

I voted

in favor

of

the

acceptance

of this

settlement

I feel

that

the

penalty

of

$1000

was

somewhat

low

in

the light

of

past

Board

actions.

No permits

were

obtained

for

the

two

landfill

sites.

Each

violation

of

the permit

requirement

absent

a

condition

of

poverty

would normally

carry

a

$1000 penalty

or

$2000

total

for

these

counts

alone.

The

settlement

document

is

singularly

uninformative

and

the

Board

is

left

without

adequate

facts

upon which

to

judge

this

case,

The

size

of

the

two

disposal

sites

in

acres

is

not

given

nor

is

the

distance

to the

nearest

residences.

The

complaint

in

Count

No.

B

implies

a

rodent

problem

but

the settlement

docu-

ment

makes

no

mention

whether

such

problem

did

in

fact

exist

or

whether

the

respondent

will

correct

it.

Abandoned

cars,

which

are

admitted

in

the

setttemeni

document

as

having

been

allowed

on

the

site,

normally

have

cushions

which are

known to

be

favorite

rodent

harhorages.

Yet

even the

number

of

abandoned

cars

is

not

given

to the

Board

let

alone

any

statement

about

rodent

infestation.

The

danger

of

low settlements

as

this

one

ma

he

is

that

other

landfill

oerators

will

calculate

that

it

is

better

not

to

cover

dail

and thus

greatly

extend the

life

(and

revenues)

of

their

site.

A

token

penalty

then becomes

an

---

—2—

alternative

to

he

considered.

Penalties

ought

to penalize.

The

landfill

operator

following

the

law ought

not

to

be

put

in

an unfair

competitive

position

with

someone

who

chooses

not

to

follow

the

State~sregulations.

In the

future,

in

cases

of this

type,

adequate facts

ought

to

be

given

the Board

and higher

penalties

requested

in

settlement

negotiations.

/Jacob

D.

Dumelle

//

Board

Member

I,

Christan

L.

Moffett,

Clerk

of the

Illinois

Pollution

Control Boar~

hereby

certify

the above

Supplemental

Statement was

submitted

on the

~7

)

day

of

July,

1972.

Illinois

Pollution

Contr~

5

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