ILLINOIS POLLUTION CONTROL BOARD

November 19, 1987

ILLINOIS ENVIRONNENTAL

PROTECTION AGENCY,

Complainant,

v.

)

PCB 86—110

VILLAGE OF DUNLAP,

Respondent.

DISSENTING OPINION (by J. Theodore Meyer):

I dissent from the majority’s acceptance of the settlement

stipulation.

Neither the Illinois Environmental Protection Agency

(Agency) nor the Attorney General has promulgated any standards

as to what factors should be considered when negotiating a fine

to be imposed pursuant to a settlement agreement. I believe that

the $500 fine agreed upon in the instant case is not

sufficient. If this enforcement action had been brought by a

State’s Attorney or by the Attorney General in the name of the

people of the State of Illinois, Respondent could have been

assessed costs and reasonable attorney’s fees. Ill. Rev. Stat.

1985, ch. 1111/2, par. 1042(f). I am concerned that the instant

fine does not even cover the Agency’s costs and fees.

Additionally, the proposed settlement includes no

information on the amount of money Respondent may have saved by

not complying with the Act and the Board’s regulations.

Respondent may have realized quite a savings by failing to use

the appropriate controls, and the $500 fine may be merely a “drop

in the bucket” compared with those savings. Such a low fine in

the face of possibly large savings through non—compliance does

not encourage the regulated community to comply with the Act and

the Board’s regulations.

For these reasons, I dissent.

J.,Theodore Meyer

Board Member

83—31

---

—2—

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above Dissenting Opinion was filed

on the ~

day of

________________,

1987.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

83—32