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
I
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.
7,
~
Dorothy M.(Gunn,
Clerk
Illinois Pollution Control Board
112—22