ILLINOIS POLLUTION CONTROL BOARD
June 21, 1990
PEOPLE OF THE STATE
OF ILLINOIS,
Complainant,
PCB 90—57
(Enforcement)
LIFETIME ROOFTILE COMPANY,
)
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 Lifetime’s
noncompliance was economically beneficial in that it constructed
and operated its unpermitted equipment without the delay of
applying and waiting for the Agency to issue permits, and that it
avoided the costs of preparing permit applications, there is not
any specific information on the amount of that economic
benefit. Sectjcn 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. 1~ithout more specific information, it is impossible to
know if the penalty cf $2,500 even ccmes close to the savings
realized by Lifetime.
Finally, I am frustrated that, although this case was brought
in the name of the People of the State of Illinois, there is no
recognitition that costs and fees could have been
assessed
against Lifetime. Ill. Rev. Stat. 1989, ch. ill 1/2, par.
1042(f). 1 air 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 awardcosts and reasonable fees.
112—405
2
For these reasons, I dissent
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~-~-
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J. ~rheodore Meyer
Board Member
I, Dorothy M. Gunn, hereby certify that the above Dissenting
Opinion was filed on the
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day of
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,
1990.
Dorothy M.:~Gunn, Clerk
Illinois Pollution Control Board
112—406