ILLINOIS POLLUTION CONTROL BOARD

October

15,

1987

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

v.

)

PCB 86—167

THE STEEL COMPANY,

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 factors should be considered

when negotiating

a fine

to be imposed pursuant

to

a settlement

agreement.

I believe that

the $2500

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 Agency’s costs

and

fees.

Additionally,

the proposed settlement includes no

information on the amount of money Responc~entmay 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 $2500

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.JTheodore Meyer

)

Board

Member

82— 27 1

---

—2—

I,

Dorothy M.

Gurin, Clerk

of the Illinois Pollution Control

Board, hereby certify that

t,he above Dissenting Opinion was

filed

on

the ~

day of

~

‘~

,

1987.

7’.

‘—

))

~

Dorothy

M. ~Gunn, Clerk

Illinois Pollution Control Board

82—272