ILLINOIS POLLUTION CONTROL BOARD

June

7,

1990

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Complainant,

v.

)

 PCB 89—206

(Enforcement)

CHICAGO STEEL CONTAINER

)

CORPORATION,

an Illinois corporation,

)

Respondent.

DISSENTING OPINION

 (by J.

 Theodore Meyer):

I dissent

 from the majority’s

 acceptance

 of the settlement

stipulation in this case.

First,

 I again object because this case was not brought in the

name of the people of the State

 of Illinois.

 If the People had

been

 listed

as

a

 complainant

in

 addition

to

the

 Illinois

Environmental Protection Agency, Chicago Steel Container could have

been assessed costs and reasonable

 fees.

 Ill.Rev.Stat.1989,

ch.

111 1/2,

 par.

 1042(f).

Additionally,

I

 believe

 that

the

 settlement

 agreement

is

inadequate.

 There

 is no asssessment of any of the factors listed

in

 Section

 33(c)

of

 the Environmental Protection

 Act.

 Section

33(c)

 requires the Board to consider all facts and circumstances

 of the action

 involved,

 and specifically sets forth six factors.

Because

the

 record

in

 this

 proceeding

is

 utterly

 bare

of

any

evidence

on

any

of

the

 33(c)

 factors,

the

 Board

 was unable

to

undertake even the most cursory review of the appropriateness

of

the penalty agreed upon by the parties.

For these reasons,

 I dissent.

J~.J

 Theodore Meyer

Board Meniber

I 12—21

2

I, Dorothy N. Gunn, hereby certify that the above Dissenting

Opinion was filed on the

f~L

 day of

________________~,

 1990.

~

Dorothy M.(Gunn,

 Clerk

Illinois Pollution Control Board

112—22