ILLINOIS POLLUTION CONTROL BOARD

October 5, 1982

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY,

Complainant,

v.

)

PCB 81—143

RONALD WHEELER AND ROBERT WHEELER,

)

individually, and doing business as

)

WHEELER GARAGE AND COAL HANDLING

)

OPERATION,

Respondents.

OISSENTING OPINION (by J.D. Dumelle):

My reason for dissenting lies in the intent of the

Legislature in originally adopting the Environmental Protection

Act in June 1970.

Penalties were to go to the General Fund and not to some

fund earmarked for environmental improvements, except for fish

kill costs. General revenues are subject to appropriation by

the

Legislature to whatever priorities are paramount at the time in

Illinois.

By adopting this stipulation now the Board will find it much

more difficult to refuse to accept a second one later. And that

second one may involve a very large amount of money. It is

possible that payments to the Environmental Trust Fund may have

certain tax advantages (eligibility as a contribution for tax

purposes, for example). We have no tax ruling before us and

simply do not know the answer on this question.

A stipulation is an offer of a proposed settlement to the

Board. The Board need not accept a stipulation if it is against

public policy. Since the original expressed intent by the Legis-

lature was to deposit penalties into general revenues, I would

have stayed with that expressed intent.

.f~

U,

‘~../

,acoo u. Dumelle, Chairman

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, herqby~certifyt~Iat

thEy abpve

Dissenting Opinion

was filed on the ‘Z~~ day of ~ ~

___,

1982.

Christan L.~Möff~t~’~Clerk

Illinois Pollutio~k(C6ntrol Board

49-19