ILLINOIS POLLUTION CONTROL BOARD
December 16, 1993
PEOPLE OF THE STATE
)
OF ILLINOIS,
)
Complainant,
v.
PCB 93—231
(Enforcement)
PRESTWICK UTILITIES COMPANY,
a dissolved Illinois
corporation,
Respondent.
CONCURRING OPINION (by 3. Theodore Meyer):
I concur with the majority’s acceptance of the stipulation
and settlement in this case. However, I continue to be troubled
by the absence of any mention of attorney’s fees and costs in the
settlement agreement.
Section 42(f) of the Environmental Protection Act (415 ILCS
5/42(f) (1992)) provides for the imposition of costs and
reasonable attorneys fees to the Attorney General. In this case,
the complaint requests that the Board impose such costs and fees.
However, the stipulation and settlement does not refer to this
request, nor explain whether some percentage of costs and fees
were figured into the penalty. I continue to believe that costs
and fees should be pursued. Especially in these times of
economic stress, the state should be reimbursed for the monies it
expends in pursuing those charged with violating environmental
standards.
For this reason, I concur.
3. ‘I4ieodore Meyer
Board Member
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby 1certify
that, the above concurring opinion was filed
on the ~/~?~day of
/t&~~/
,
1993
7
-
L /
/~,,
Dorothy N. Gun~?L Clerk
Illinois Pollution Control Board