ILLINOIS

POLLUTION

CONTROL

BOARD

May

30,

1972

ENVIRONMENTAL

PROTECTION

AGENCY

V.

)

P03

71-86

STATE

LINE

FOUNDRIES,

INC.

Dissenting

Opinion

by

Mr.

Dumelle

In

my

original

dissent

filed

to the

August

5,

1971

Board

order

I

stated

that

the

penalty

of

$7, 500

was

much

too

severe,

Here

was

a

struggling

new

(:~flpaflywhich

failed

to

get

a permit

on

its

small

cupola

being

dealt

a financial

blow

almost

equal

to

its

yearTs

total

profits

of

$7, 900,

Yet

no

nuisance

was

proved.

I

said

then

and

I repeat

that

a penalty

in

the

range

of

$3, 000

to

$5, 000

would have

been

fairer,

Arid

in

the

light

of recent

penalties

assessed

by

the

Board

even

those

suggested

amounts

now

seem

much

too

high.

In

the

EPA

v.

Texaco

case

(PCB

72-98)

an

oil

company

polluted

the

drinking

water

supply

of the

entire

City

of

Olney.

The

penalty,

based

upon

what

I

would

term

a

wholly inadequate

stipulation,

was

a mere

$200.

In

the

State

Line

case,

no

nuisance

was

caused

to the

neighbors.

Previous

cases

cited

in

my earlier

dissent

(EPA

v.

Southern

Illinois

Asphalt,

P03

71- 31,

and

Roesch Enamel

v,

EPA,

PCB

71-62)

also

had

not

obtained

permits

but

caused severe neighborhood nuisances.

Both received penalties of $5, 000 in

cases contested before us.

Both were larger companies with no

apparent

financial problems.

Thus the State Line penalty should certainly have been

something

less

than

$5,

000.

So

I

can

only reiterate

that

the

Board’s

penalty

of

$7, 500.

was

much

too

severe

in

comparison

to previous

cases.

In

this

most

recent

action

the

Board

had an

opportunity

to

redress

its

grievous

mistake

and

regrettably

chose

not

to

do

so.

2

~

~

Jacob

D.

Dumelle

Board Member

I,

Christan L.

Moffett, Clerk of the

Illinois

Pollution Contro~,J3oard,

hereby

certify

the

aboc~reDissenting

Opinion

was

submitted

on

the&O__~Iayof

May

1972.

Christan L.

Moffett,

C1e~4~l

Illinois

Pollution

Contr&’~oard

4

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