ILLINOIS POLLUTION CONTROL BOARD
    December 20, 1990
    PEOPLE OF THE STATE
    OF ILLINOIS,
    )
    Complainant,
    v.
    PCB 90—139
    (Enforcement)
    ILLINOIS VALLEY PAVING 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.
    Although the proposed settlement agreement states that the
    Agency believes that respondent’s alleged noncompliance was
    economically beneficial in that “it would or may have allowed
    respondent to conduct operations without expending additional
    moneys for testing and possibly additional or improved control
    equipment”, there is not any specific information on the amount of
    that economic benefit. Section 33(c) of the Environmental
    Protection Act (and new Section 42(h)(3), as contained in P.A. 86-
    1363, effective September 7, 1990) 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 $15,000 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. 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.
    117—95
    2
    For these reasons, I dissent.
    J. ~Theodore Meyer
    Board Member
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereb certify t the above Dissenting Opinion was ~filed
    on the
    _______
    day of
    ,
    1991.
    ~Dorothy
    ~
    ~
    2~
    c1~i~
    /L~
    Illinois Po(ljution Control Board
    117—96

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