ILLINOIS POLLUTION CONTROL BOARD
    August 30,
    1990
    PEOPLE OF THE STATE
    OF ILLINOIS,
    Complainant,
    v.
    )
    PCB 86—210
    (Enforcement)
    HILLVIEW FARMS FERTILIZERS,
    INC.,
    )
    an Illinois corporation,
    and
    )
    ARNOLD
    N. MAY,
    individually and
    )
    as president
    of HILLVIEW FARMS
    )
    FERTILIZERS,
    INC.,
    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
    was able to continue to accept sludge
    (and the resulting revenues)
    when the permitted facility was full,
    there
    is
    not any specific
    information on the amount of that economic benefit.
    Section 33(c)
    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
    amount of the economic benefit, not just a statement that that an
    economic benefit was realized.
    Without more specific information,
    it is impossible to know if the penalty of $5,000 even comes close
    to any savings realized by respondent.
    I note that Mr. May is individually liable for the agreed—to
    penalty.
    I support the action proceeding against the individual
    as well as the dissolved corporation.
    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.1989,
    ch.
    111
    1/2,
    par.
    1042(f).
    I
    am
    pleased that the Attorney General is beginning to bring enforcement
    cases
    in
    the name
    of
    the
    People,
    but
    I
    believe
    that settlement
    agreements
    in such cases should,
    at
    a minimum, recogni:~ethat the
    Board could award costs and reasonable fees.
    II
    4-727
    2
    For these reasons,
    I dissent.
    ~
    Board Member
    I,
    Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Dissenting Opinion was filed
    on the
    ~/‘~
    day of
    _______________,
    1990.
    /2
    /~-‘
    j—
    ~
    ~
    --/
    Dorothy N. ~Gunn, Clerk
    Illinois Pollution Control Board
    .
    .
    114—728

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