ILLINOIS POLLUTION CONTROL BOARD
    April
    9,
    1992
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    Complainant,
    )
    v.
    )
    PCB 91—255
    (Enforcement)
    SEARS, R9EBUCK and COMPANY,
    a New York corporation
    )
    )
    Respondent.
    DISSENTING OPINION
    (by J. Theodore Meyer):
    I dissent from the majority’s acceptance of the settlement
    stipulation in this case.
    Although the proposed settlement agreement states that
    respondent’s noncompliance was economically beneficial in that it
    operated its unpermitted equipment for five years, and avoided
    $450 in payments for annual permit fees for that five year
    period, there is no further information on the amount of that
    economic benefit.
    Section 42(h)(3)
    of the Environmental
    Protection Act specifically requires the Board to consider any
    economic benefits accrued by noncompliance.
    I believe that this
    provision contemplates a consideration of the complete amount of
    the economic benefit.
    For example, what costs were avoided by
    being able to operate the equipment without waiting until the
    permits
    were applied for and obtained?
    Without more specific
    information,
    it is impossible to know if the penalty of $4,000
    comes close to any savings realized by respondent.
    Finally,
    I am frustrated that, although this case was
    brought in the name of the people of the State of Illinois, there
    is no recognition that costs and fees could have been assessed
    against respondent.
    (Ill.Rev.Stat..l989,
    ch.
    111 1/2, par.
    1042(f).)
    I am pleased that the Attorney General is bringing
    enforcement cases in the name of the People, but
    I believe that
    settlement agreements in such cases should, at an absolute
    minimum, recognize that the Board could award costs and
    reasonable fees.
    132—127
    2
    For these reasons,
    I dissent.
    J~i
    Theodor~Meyer
    Board
    Member
    I,
    Dorothy
    N.
    Gunn,
    Clerk
    of
    the
    Illinois
    Pollution
    Control
    Board,
    hereby
    certify
    that
    t
    e
    above
    dissenting
    opinion
    was
    filed
    on
    the
    /O~
    day
    of
    _______________,
    1992.
    Dorothy N. ~inn, Clerk
    Illinois
    Pdflution
    Control
    Board
    132—128

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