ILLINOIS POLLUTION CONTROL BOARD

August

10,

1989

PEOPLE OF THE STATE OF

)

ILLINOIS,

Complainant,

v.

)

PCB 89—67

B

& W CORPORATION,

Respondent.

MS. RENEE CIPRIANO,

ESQ., ASSISTANT ATTORNEY GENERAL, APPEARED ON

BEHALF OF THE PETITIONER.

MR. JON C. JACOBSON REPRESENTED B

& W CORPORATION.

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 Illinois 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 $2,500 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. lll~,par.

1042(f).

I am concerned that the

instant fine may not even cover the Agency’s costs and fees.

Additionally, the proposed settlement included 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 $2,500 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.

102--49

---

—2—

For these reasons,

I dissent.

J.

eodore Meyer

Board Member

I,

Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify tha

the above Dissenting Opinion was filed

on the /~~day of

________________,

1989.

~.1

Ill

S

lution Control Board

102—50