ILLINOIS POLLUTION CONTROL BOARD

January 8, 1987

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Petitioner,

v.

)

PCB 86—7

FRITZ ENTERPRISES, INC.,

)

Respondent.

CONCURRING OPINION (by J.D. Dumelle):

When the prosecutor of an enforcement case requests

dismissal, as was done here, the Board has little choice. A

refusal to dismiss by the Board would mean that a case docket

would remain open and unprosecuted.

However, the $3,125 “voluntary contribution” to Illinois is

not secured by a stipulation. Should Fritz Enterprises, Inc.

decide not to pay then what recourse would the Attorney General

have? A new case would have to be filed in the face of a Board

dismissal on record.

It would be far better public policy to secure the

“voluntary contribution” through a stipulation tendered to and

approved by this Board.

I, Dorothy M. Gunn, Cler~of the Illinois Pollution Control

Board, hereby certify that the move Concurring Opinion was filed

on the

________________

day of

)-~t~~

1987.

‘aco~

hairman

Illino

Control Board