ILLINOIS POLLUTION CONTROL BOARD

August 9, 1990

PEOPLE OF THE STATE

OF ILLINOIS,

Complainant,

v.

)

PCB 90-78

(Enforcement)

SUPPORT TERMINAL SERVICES,

)

INC., an Illinois corporation,

)

Respondent.

DISSENTING OPINION (by ~3. Theodore Meyer):

I dissent from the majority’s acceptance of the settlement

stipulation in this case.

Although the proposed settlement agreement states that

respondent’s noncompliance was economically beneficial in that it

operated its unpermitted equipment without the delay of applying

to and waiting for the Agency to issue permits, and avoided

the expense of control equipment for approximately eight months,

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 that an economic benefit was realized.

Without more specific information, it is impossible to know if the

penalty of $6,000 even comes close to any savings realized by

respondent.

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

respondent. Ill.Rev.Stat.1989, ch. ill 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.

114—Si

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2

For these reasons, I dissent.

J.VTheodore Meyer

Board Member

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

Board, herebi certify that the above Dissenting Opinion was filed

on the

‘

day of

_______________,

1990.

)

Dorothy ~./Gu~n, Clerk

Illinois Pollution Control Board

I

~!4—S~