ILLINOIS POLLUTION CONTROL BOARD

August

30,

1990

ILLINOIS

ENVIRONMENTAL

)

PROTECTION AGENCY,

Complainant,

v.

)

 PCB 89—155

(Enforcement)

DECOR

GRAVURE

CORPORATION,

)

Alabama

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

was able to delay purchase of the VOM control equipment,

 there

is

not

any

 specific

 information

on

the

 amount

of

 that

 economic

benefit.

 Section

 33(c)

of

the

 Environmental

 Protection

Act

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 economic benefit,

not just

 a statement that that an economic

 benefit was realized.

Without more specific information,

 it is impossible to know if the

penalty

of

 $8,000

 even

 comes

 close

to

any

 savings

 realized

by

respondent.

Finally,

 I must point out that if this case had been brought

in the name of the people of the State of Illinois,

 costs and fees

could have been

 assessed against respondent.

 Ill.Rev.Stat.1989,

ch.

 111 1/2,

 par.

 1042(f).

For these reasons,

 I dissent.

JCJ

Theodor~yor

Board Member

I

I/4

/41

I,

 Dorothy

M.

 Gunn,

 Clerk

of

 the Illinois Pollution Control

Board, hereby certify that the above Dissenting Opinion was filed

on the

~—~‘-

--‘

 day of

-~.

 1990.

~‘-

Dorothy M. Gunn,

 Clerk

Illinois Pollution Control Board

1 14—7G2