ILLINOIS POLLUTION CONTROL BOARD
    October 11,
    1990
    PEOPLE OF THE STATE
    OF ILLINOIS,
    Complainant,
    )
    v.
    )
    PCB 90—98
    (Enforcement)
    AGGRECON CORPORATION,
    an Iowa corporation,
    )
    Respondent.
    DISSENTING OPINION
    (by J. 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
    operated its unpermitted equipment without the delay of applying
    to and wating
    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 full 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
    $2,000 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.RevStat.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—277
    2
    For these reasons,
    I dissent.
    J. Th~oore
    eyer
    Board Member
    I,
    Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby certify tha~the above Dissenting Opinion was filed
    on the
    ~
    day of
    ~
    ,
    1990.
    Dorothy~,f~.Gunn
    Clerk
    Illinoi~’Pol1utionControl Board
    115—2 78

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