ILLINOIS POLLUTION CONTROL BOARD

January 21,

1993

PEOPLE OF THE STATE

OF ILLINOIS,

Complainant,

v.

PCB 92—189

(Enforcement)

FEDERAL PAPER

BOARD

COMPANY,

INC.,

a

New

York

corporation,

and

FIELD

CONTAINER

COMPANY,

L.P..

a

Limited

Partnership,

Respondents.

DISSENTING OPINION (by

J.

Theodore

Meyer):

I

dissent

from

the

majority’s

acceptance

of

the

stipulation

and settlement in this case.

I continue to be troubled

by.the

absence of any mention of attorney’s fees and costs in the

settlement agreement.

Section 42(f)

of the Environmental Protection Act provides

for the imposition of costs and reasonable attorneys fees to

the

Attorney General.

In this case,

the

complaint requests

that

the

Board impose such costs and fees.

However,

the

stipulation

and

settlement does not even refer to this request, nor explain

whether some percentage of costs and fees were figured into

the

penalty.

I continue to believe that costs and fees should be

pursued.

For this reason,

I dissent.

J. ~eodore

ikeyer.

Board

Member

I,

Dorothy

N. Gunn, Clerk of the Illinois Pollution Control

Board,

hereby certify th

the above dissenting opinion was filed

on the

~~-“~-

day of

_______________,

1993.

Dorothy N. 4ünn,

Cl~rk

Illinois

P&Ilution

Control

Board

0136~0493