ILLINOIS POLLUTION CONTROL BOARD

October 11,

1990

PEOPLE OF THE STATE

)

OF ILLINOIS,

)

Complainant,

)

v.

)

PCB 90—109

(Enforcement)

LITHO-GRAPHIC METAL CORPORATION,

)

an Illinois 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 without the delay of applying

to and waiting for the Agency to issue permits, there

is not any

specific

information

on

the

amount

of

that

economic

benefit.

Additionally, there is no mention of any economic benefit realized

by respondent’s use of coatings which violated the standards of

35

Ill.Adm.Code

215.104,

and which

emitted

excess

VOCs

into

the

atmosphere.

Section 33(c) of the Environmental Protection Act (and

new

Section

42(h)(3),

as

contained

in

P.A.

86—1363,

effective

September 7,

1990)

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 full

economic benefit, not just a statement that an economic benefit was

realized.

Without more specific information,

it

is impossible to

know

if

the penalty

of

$3,000 even

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.1989,

ch. ill 1/2, par. 1042(f).

I find

this

omission

particularly

grievous

in

this

case,

because

the

stipulation

specifically

states

that

respondent

“knowingly

and

willfully”

constructed

and

operated

its

equipment without

the

necessary permits.

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, recognize that the Board could award costs and reasonable

fees.

115—287

---

2

For these reasons,

I dissent.

J. ¶~ieodoreMeyer

Board Member

I, Dorothy M.

Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certify that~theaboveDissenting Opinion was filed

on the

,‘.5~

day of

_______________,

1990.

~llutionControl Board

115—288