ILLINOIS POLLUTION CONTROL
    BOARD
    April 9,
    1992
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    Complainant,
    )
    v.
    )
    PCB 91—254
    (Enforcement)
    ACME PRI~.TTING
    I1~K
    COMPANY,
    )
    a Delaware 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
    avoided the payment of
    a fee for a construction permit, there is
    no further information on the amount of that economic benefit.
    Section 42(h) (3)
    of the~Ehvironmental Protection Act specifically
    requires the Board to consider any economic benefits accrued by
    noncompliance.
    I believe that this provision contemplates a
    consideration of the complete amount of the economic benefit.
    For example, what was the amount of economic benefit realized by
    being able to construct the equipment without waiting until the
    permit was applied for and obtained?
    Without more specific
    information,
    it is impossible to know if the penalty of $17,500
    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.
    111 1/2, par.
    1042(f).)
    I am pleased that the Attorney General is bringing
    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.
    132—12 1
    2
    For these reasons,
    I dissent.
    L ~
    J. T~odoreMe~rer
    Board Member
    I, Dorothy N.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the ~abovedissenting opinion was filed
    on the /~Z~ day of
    _______________,
    1992.
    Dorothy M/7Gunn,
    Clerk
    Illinois ~bllution Control Board
    132—122

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