ILLINOIS POLLUTION CONTROL BOARD
    October 11,
    1990
    PEOPLE OF THE STATE
    OF ILLINOIS,
    Complainant,
    v.
    )
    PCB 90—73
    (Enforcement)
    ILLINOIS CEMENT COMPANY,
    )
    a joint venture,
    )
    Respondent.
    DISSENTING OPINION
    (by 3. Theodore Meyer):
    I dissent from the majority’s
    acceptance
    of the settlement
    stipulation in this case.
    Although
    the
    proposed
    settlement
    agreement
    states
    that
    respondent’s noncompliance was economically beneficial
    in that
    it
    constructed
    its equipment without
    the delay
    of
    applying to
    and
    waiting for the Agency to issue permits, 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
    $8,000
    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.
    115—267
    2
    For these reasons,
    I dissent.
    3. (~4heodoreJMeyer
    Boat~dMember
    I,
    Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby certify that the above Dissenting Opinion was filed
    on the
    /~5~~?
    day of
    ________________,
    1990.
    Dorothy
    ~V1J
    Gunn,
    Clerk
    Il1inois~ol1utionControl Board
    115—268

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