ILLINOIS POLLUTION CONTROL BOARD
    April 16, 1998
    DONETTA GOTT, LYNDELL CHAPLIN,
    GARY WELLS, ERNEST L. ELLISON, and
    MAXINE ELLISON,
    Complainants,
    v.
    M'ORR PORK, INC., an Illinois Corporation,
    Respondent.
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    PCB 96-68
    (Enforcement - Air - Citizens)
    DISSENTING OPINION (by R.C. Flemal):
    I dissent from today’s majority final opinion and order in this matter.
    The majority today affirms its earlier holding that
    M’Orr Pork has caused unreasonable
    interference with the complainants’ enjoyment of life and property. I disagreed with this holding
    when it was initially made, and I disagree with it still.
    Furthermore, I take exception with the imposition of a civil penalty.
    M’Orr Pork not only has
    voluntarily sought measures to maintain a good-neighbor relationship, it has taken every action that
    the Board has demanded. It has taken these actions timely and responsively. It has invested
    substantial sums, as the Board acknowledges, in “numerous odor controls” (majority opinion at p.
    14), with much of the expense of a continuing nature.
    Under these circumstances there is no justification for further penalizing
    M’Orr Pork. There
    is nothing to be gained by the complainants, the State, or society.
      
    Ronald C. Flemal
    Board Member
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above
    dissenting opinion was submitted on the 16th day of April 1998.
      
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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