ILLINOIS POLLUTION CONTROL BOARD
    October 11,
    1990
    PEOPLE OF THE STATE
    OF ILLINOIS,
    Complainant,
    )
    v.
    )
    PCB 90—105
    (Enforcement)
    EVANGELICAL HEALTH SYSTEMS,
    )
    a/k/a CHRIST HOSPITAL,
    )
    an Illinois 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 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 ne~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
    $5,000 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.l989,
    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—283
    2
    For these reasons,
    I dissent.
    J. ~ieodore Meyer
    Boai~UMember
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Dissenting Opinion was filed
    on the
    /~Z~day of
    _______________,
    1990.
    lution Control Board
    115—284

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