ILLINOIS POLLUTION CONTROL BOARD
    December 20, 1990
    PEOPLE OF ThE STATE
    )
    OF ILLINOIS,
    Complainant,
    v.
    )
    PCB 90—88
    (Enforcement)
    ELDON SWEDBERG, d/b/a ELDON
    SWEDBERG SWINE FARM,
    )
    Respondent.
    DISSENTING OPINION (by 3. Theodore Meyer):
    I dissent from the majority’s acceptance of the settlement
    stipulation in this case.
    I believe that the settlement agreement is inadequate. There
    is no assessment of any economic benefit accrued by respondent
    because of its delay in compliance with pollution control
    requirements. Section 33(c) of the Environmental Protection Act
    requires the Board to consider all facts and circumstances of the
    action involved, and specifically sets forth six factors. The
    settlement agreement does set forth the factors in new Section
    42(h)(3) (P.A. 86—1363, effective September 7, 1990), which
    includes consideration of economic benefits, but does not address
    that factor. Because the record in this proceeding is utterly bare
    of any evidence on the economic benefit factor, the Board was
    unable to undertake even the most cursory review of the
    appropriateness of the penalty agreed upon by the parties. It is
    impossible to know if the penalty of $4,000 even comes close to
    the 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.RevStat.1989, 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.
    For these reasons, I dissent.
    117—83
    2
    3. ~Jieodore ~4eyer
    Board Member
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, her~’ certify th the above Dissenting Opinion was filed
    on the ~
    day of
    ________________,
    1991.
    Dorothy H. ~kinn,
    )~L
    Cler!k
    /~
    Illinois Po1~1utionControl Board
    117—84

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