ILLINOIS POLLUTION CONTROL BOARD
    December
    17,
    1987
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 84—119
    )
    POW WOW CLUB,
    INC.,
    Respondent.
    DISSENTING OPINION
    (by J. Theodore Meyer):
    I dissent from the majority’s acceptance of the settlement
    stipulation.
    Neither the Illinois
    Environmental Protection Agency
    (Agency)
    nor the Attorney General has promulgated any standards
    as
    to what facto~sshouldbe considered when negotiating
    a fine
    to be imposed pursuant to a settlement agreement.
    I believe that
    the $1500 fine agreed upon
    in the instant case
    is not
    sufficient.
    If this enforcement action had been brought by a
    State’s Attorney or by the Attorney General
    in the name of
    the
    people of the State of
    Illinois, Respondent could have been
    assessed costs and reasonable attorney’s
    fees.
    Ill.
    Rev. Stat.
    1985,
    ch.
    1111/2, ~par.1042(f).
    I am concerned that the instant
    fine does not even cover
    the Aqency’s costs and fees.
    Additionally,
    the proposed settlement includes no
    information
    on the amount of money Respondent may have
    saved by
    not complying with the Act and the Board’s regulations.
    Respondent may have realized quite
    a savings by failing
    to use
    the appropriate controls, and
    the $1500 fine may be merely
    a
    “drop in the bucket” compared with those savings.
    Such
    a low
    fine in the face of possibly large savings through non—compliance
    does not encourage the regulated community
    to comply with the Act
    and the Board’s regulations.
    For these reasons,
    I dissent.
    J~,JTheodot~Meyer
    Board Member
    84—585
    —2—
    I,
    Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereb~ycertify the
    the above Dissenting Opinion was filed
    on the
    /7~L#
    day of
    ________________,
    1987.
    ~
    ~,
    Dorothy M./Gunn, Clerk
    Illinois Pollution Control Board
    84—586

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