ILLINOIS POLLUTION CONTROL BOARD

June 7, 1990

PEOPLE OF THE STATE

)

OF ILLINOIS,

Complainant,

V.

)

PCB 90-15

(Enforcement)

WISCONSIN CAN COMPANY,

)

Respondent.

DISSENTING OPINION (by J. Theodore Meyer):

I dissent from the majority’s acceptance of the settlement

stipulation in this case.

Neither the Illinois Environmental Protection Agency (Agency)

nor the Attorney General have articulated any standards as to what

factors should be considered when negotiating a fine to be imposed

pursuant to a settlement agreement. Additionally, although the

proposed settlement agreement states that Wisconsin Can’s

noncompliance was economically beneficial in that it did not pay

permit fees for fourteen years, there is not any specific

information on the amount of that economic benefit. The proposed

settlement agreement also fails to mention that Wisconsin Can

apparently operated its equipment for a number of years without the

delay and expense of applying to the Agency for permits. 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 an

economic benefit was realized. Without more specific information,

it is impossible to know if the penalty of $7,500 even comes close

to the savings realized by Wisconsin Can.

Finally, I am frustrated that, although this case was brought

in the name of the people of the State of Illinois, there is no

recognition that costs and fees could have been assessed against

Wisconsin Can. Ill.Rev.Stat.l989, ch. 111 1/2, par. 1042(f). I

am pleased that the Attorney General is beginning to bring

enforcement cases in the name of the People, but I believe that

settlement agreements in such cases should, at a minimum, recognize

that the Board could award costs and reasonable fees.

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For these reasons, I dissent.

J.(~heodore14eyer

Board Member

I, Dorothy M. Gunn, hereby certify that(-the above Dissenting

Opinion was filed on the ~

day of

________________,

1990.

(7

/

/~~

Dorothy M./Gunn, Clerk

Illinois P~llutionControl Board

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