ILLINOIS POLLUTION CONTROL
BOARD
June 21, 1990
PEOPLE OF THE STATE
)
OF ILLINOIS,
)
Complainant,
v.
)
PCB 90-56
(Enforcement)
PLOCH~AN, INC.,
an Illinois corporation,
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 Plochman’s noncompliance
was economically beneficial in that it operated its unpermitted
equipment without the delay of applying and waiting for the Agency
to issue permits, there is not any specific information on the
amount of that economic benefit.
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 $2,000 even comes close to the savings
realized by Plochman.
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
Plochrnan. Ill.Rev.Stat.l989, ch. lii 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.
112—401
2
For these reasons, I dissent.
J’.JTheodo~re Meyer
Board Member
I, Dorothy M. Gunn, hereby certify that ~he above Dissenting
Opinion was filed on the ~
day of
_______________,
1990.
7)
~
Dorothy M.Gunn, Clerk
Illinois Pollution Control Board
112—402