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