ILLINOIS POLLUTION CONTROL BOARD
    Nay 4,
    1995
    PEOPLE OF THE STATE OF ILLINOIS,
    )
    Complainant,
    )
    V.
    )
    PCB 92—164
    (Enforcement-Water)
    BERNIECE KERSHAW
    AND
    DARWIN DALE
    )
    KERSHAW,
    d/b/a KERSHAW MOBILE
    )
    HOME PARK,
    )
    Respondents.
    DISSENTING OPINION
    (by J. Theodore Meyer):
    I respectfully dissent from the majority’s order.
    The
    opinion and order issued on April 20,
    1995 should have been
    modified because
    I believe legal fees
    in this case were much more
    than $5,190.69,
    and the Board should have taken this opportunity
    to impose an even higher penalty on the Kershaws,
    a party who
    lacked due diligence and good faith during the fourteen-year
    history of this case.
    Section 42(f) allows the Board to assess attorney’s fees and
    costs incurred by the Office of the Attorney General.
    I believe
    that this section should be construed broadly, and that a
    violator reimburse the Illinois taxpayer for all costs incurred
    by the Office of the Attorney General,
    including indirect
    expenses such as travel time, administrative support, printing,
    copying and overhead.
    After all, the time spent by respondent’s
    attorneys in prosecuting this matter over the years certainly
    could have been used to handle other cases.
    In addition, the now common practice by state and local
    governments of charging a “user fee” to those who use a service
    (such as paying for photocopies)
    is certainly a cost that should
    be imposed on a party who has violated the Act.
    Especially in
    light of the Kershaw’s blatant disregard for the Act, this case
    presented an opportunity to order them to pay for all costs--both
    direct and indirect--incurred by the Office of the Attorney
    General and I believe that the Board should have taken this
    opportunity.
    For these reasons,
    I respectfully dissent.
    J.’Theodore Meyer
    Board Member
    2
    I, Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby certify that the above concurring opinion was filed
    on the
    //tZ
    day of
    _______________,
    1995.
    Dorothy M.4unn,
    Cl’erk
    Illiois P~4utionControl Board

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